ESSENTIAL MINERALS ASSOCIATION
The Essential Minerals Association assigns the highest priority to full compliance with both the letter and the spirit of the antitrust laws, and it is vital that this meeting be conducted in a manner consistent with that policy. If at any time during the course of the meeting, staff believes that a sensitive topic under the antitrust laws is being discussed, or is about to be discussed, they will so advise the meeting and halt further discussion. As attendees at this meeting, you should likewise not hesitate to voice any concerns you may have in this regard.
It is important to bear in mind that those in attendance at this meeting may be your competitors. Any discussions of commercial matters with one’s competitors may create the appearance of an antitrust violation, even though there is none. Therefore, such discussions should be avoided at all times before, during, and after this meeting.
Essential Minerals Association (EMA)
ANTITRUST CHECKLIST FOR EMA MEETINGS
This antitrust checklist is for use by EMA staff and member company representatives in the conduct of EMA-sponsored meetings. Prohibited discussion topics apply equally to social gatherings incidental to EMA-sponsored meetings. The Checklist is not exhaustive and does not address antitrust issues relating to activities other than EMA meetings.
ENSURE STRICT PERFORMANCE IN AREAS OF:
- An EMA staff representative will participate at each EMA-sponsored meeting (unless an exception has been authorized by the President of EMA).
- Limit meeting discussions to agenda topics (unless additional topics have been approved by EMA staff).
- Provide each member company representative and EMA staff representative attending an EMA-sponsored meeting with a copy of this checklist and the EMA Antitrust Statement and have copies available checklist, the EMA Antitrust Statement or the Antitrust Guide for EMA Board and Committee Members. Disassociate yourself from any such discussion or activities and leave any meeting in which they continue for reference at all EMA-sponsored meetings.
- Have an approved agenda prepared in advance and distributed by EMA staff to meeting participants.
- Prepare minutes which accurately reflect the matters which occur, with final minutes to be distributed only by EMA headquarters.
- Fully describe the purposes and authorities of all task forces, work groups, or ad hoc or other standing committee subgroups in the minutes of the appropriate parent committee.
- Protest any discussion or meeting activities which appear to violate the above rules.
DO NOT, IN FACT OR APPEARANCE, DISCUSS OR EXCHANGE INFORMATION ON:
- Individual company prices, price changes, price differentials, markups, discounts, allowances, credit terms, etc.
- Individual company data on costs, production, capacity, inventories, sales, etc.
- Industry pricing policies, price levels, price changes, differentials, etc.
- Plans of individual companies concerning the production, distribution or marketing of particular products, including proposed territories or customers.
- Changes in industry production, capacity or inventories.
- Rates or rate policies for individual shipments, including freight equalization, etc.
Market Procedures, Including:
- Company bids on contracts for particular products or company procedures for responding to bid invitations.
- Matters relating to actual or potential individual suppliers or customers that might have the effect of excluding them from any market or influencing the business conduct of firms toward them.