2014 ERP New Member Book

AOAC INTERNATIONAL ANTITRUSTPOLICY STATEMENTANDGUIDELINES

Introduction It is the policyofAOAC INTERNATIONAL (AOAC) and itsmembers to comply strictlywith all laws applicable toAOAC activities. BecauseAOAC activities frequently involve cooperative undertakings and meetingswhere competitorsmaybe present, it is important to emphasize the on_going commitment of our members and theAssociation to full compliancewith national and other antitrust laws. This statement is a reminder of that commitment and should be used as a general guide forAOAC and related individual activities andmeetings. Responsibility forAntitrustCompliance TheAssociation's structure is fashioned and its programs are carried out in conformancewith antitrust standards. However, an equal responsibility for antitrust compliance __which includes avoidance of even an appearance of improper activity__ belongs to the individual. Even the appearance of improper activity must be avoided because the courts have taken the position that actual proof ofmisconduct is not required under the law. All that is required iswhethermisconduct can be inferred from the individual's activities. Employers andAOAC depend on individual good judgment to avoid all discussions and activitieswhich may involve improper subjectmatter and improper procedures. AOAC staffmemberswork conscientiously to avoid subjectmatter or discussionwhichmayhave unintended implications, and counsel for theAssociation can provide guidancewith regard to thesematters. It is important for the individual to realize, however, that the competitive significance of a particular conduct or communication probably is evident only to the individualwho is directly involved in suchmatters. AntitrustGuidelines In general, theU.S. antitrust laws seek topreserve a free, competitive economy and trade in theUnited States and in commercewith foreign countries. Laws in other countries have similar objectives. Competitors (including individuals)maynot restrain competition among themselveswith reference to the price, quality, or distribution of their products, and theymaynot act in concert to restrict the competitive capabilities or opportunities of competitors, suppliers, or customers. Although the JusticeDepartment andFederal TradeCommission generally enforce theU.S. antitrust laws, private parties can bring their own lawsuits.