The Do's
and Don'ts of Antitrust
����������������������� To assist your
compliance antitrust laws and the goals of the International Digital Publishing
Forum ("IDPF"), IDPF has formulated the following compliance
guidelines in the form of Do�s and Don�ts, which you are to follow in your
capacity as an IDPF member.� In addition,
you should review IDPF's Antitrust Policy and Guidelines.
The Do's
1.
Do exercise
independent judgment and, to the extent possible, avoid even the appearance of
collusion with a competitor.
2.
Do make all pricing
decisions independently of competitors or others outside of your company.
3.
Do conduct all IDPF
meetings pursuant to a written agenda.
4.
Do confine all
discussions with competitors to the immediate subjects for which an IDPF
meeting was convened.� Limit the
discussion to the agenda items.� If you
have any questions about the topics to be discussed and the topics to be
avoided, consult with the IDPF counsel or your company�s Legal Department in
advance.
5.
Do ensure that
the adoption of all specifications and standards that IDPF establishes are
voluntary.
6.
Do ensure that
all interested parties who may potentially be affected by a standard (including
non-members) will be allowed to participate in and comment on the development
of any standards.
7.
Do document the source
of any sensitive information you may obtain about a competitor, to avoid any
later inference that the information was improperly obtained.
8.
Do consult with IDPF
counsel or your Legal Department any time you have any concerns about
discussions you may have had at an IDPF meeting or function or elsewhere.
9.
Do confer with
legal counsel before bringing up any topic or making any statement with
competitive ramifications.
10.
Do remember that
it is the responsibility of each IDPF member to review and comply with IDPF's
Antitrust Policy and Guidelines.
11.
Do report any
violation of these Guidelines or IDPF policy to IDPF's counsel or its
President.
12.
Do protest
against any discussions or meeting activities (formal or informal) that appear
to violate the antitrust laws; disassociate yourself from any such discussions
or activities, and leave any meeting in which they continue.� Tell everyone why you are leaving.
13.
Do ensure that
if questions arise about the legal aspects of IDPF's activities or your
individual responsibilities under the antitrust laws, you seek advice and
counsel from your own counsel or from the staff and counsel of IDPF.
14.
Do send copies
of all association-related correspondence to the Legal Counsel's office.
The Don'ts
1.
Don't enter any
agreement, understanding, or discussion with competitors about current or
future prices, price levels, pricing formulas, credit terms, discounts, costs,
terms and conditions of sale, warranties, profit margins or other features that
can impact (raise, lower or stabilize) prices.
2.
Don't enter any
agreement, understanding, or discussion with competitors about allocating
customers, markets or territories.
3.
Don't enter any
agreement, understanding, or discussion with competitors not to deal with
suppliers or customers.�
4.
Don't enter any
agreement, understanding, or discussion with competitors regarding the terms on
which any IDPF members will or will not deal with particular competitors,
suppliers, distributors, or customers.
5.
Don't enter any
agreement, understanding, or discussion with competitors about limiting the
freedom of a competitor to choose its own method of doing business.
6.
Don't exchange
data with a competitor concerning fees, prices, production, sales, bids, costs,
customer credit, or other business practices unless the exchange is made
pursuant to a well-considered plan that has been approved by your Legal
Counsel.
7.
Don't discuss
your customers with your competitors.
8.
Don't use one
product as leverage to force or induce a customer to purchase another product.
9.
Don�t make
statements � orally or in writing � that exaggerate IDPF's competitive
significance or power or that might mistakenly suggest IDPF has a predatory
intent.
10.
Don�t discuss
the degree to which IDPF members will or will not do business with firms that
do not participate in the Forum.
11.
Don't discuss
changes in industry production, capacity, or inventories, except in the context
of official aggregate statistics or other IDPF meetings under the supervision
of Legal Counsel.
12.
Don't discuss
any of the proscribed topics in "informal meetings" or
"off-the-record" conversations at IDPF functions, or as a component
of any electronic information exchange.�
Don't stay at a meeting where any such discussions occur.
13.
Don't cover up
any wrongdoing; instead report it promptly to IDPF Legal Counsel.
14.
Don't prepare
documents or make presentations without considering the antitrust implications.
15.
Don't forget
that the federal antitrust laws apply to activities engaged in overseas if they
affect