Antitrust Compliance Declaration
The signing company states its support for the policy of competition served by all applicable antitrust laws, and its intent to comply strictly with these laws wherever the Global Phenolic Resins Association (GPRA) holds its meetings and activities.
Through its meetings and other activities GPRA brings together representatives of competitors from the Phenolic Resins Industry. The subject matter of GPRA activities is normally technical in nature and there is no attempt to restrain competition in any manner.
GPRA and the Treuhandbuero take the opportunity, through this “Antitrust Compliance Declaration”, to make clear their, its members and attendees unequivocal support for the policy of competition served by antitrust and competition laws and their uncompromising intent to comply strictly in all respects with these laws. Any conduct that is contrary to the applicable antitrust and competition laws is contrary to the GPRA policy.
The penalties which may be imposed upon GPRA, its members and the individuals involved in any violation of the antitrust and competition laws are so severe that good business judgment demands that every effort be made to prevent such violation.
It shall be the responsibility of every member and participant of GPRA to be guided by the GPRA’s policy of strict compliance with the antitrust and competition laws in all GPRA activities.
Antitrust compliance is the responsibility of every GPRA member. Any knowing violation of the “Antitrust Compliance Declaration” by a GPRA member will result in that member’s termination from membership and removal from any GPRA activity.
The rules of this “Antitrust Compliance Declaration” apply to all members, attendees, working committees and other meetings sponsored by the Association as well as to all meetings attended by the representatives of the Association.
The following rules are applicable to all GPRA activities and must be observed in all situations under all circumstances without exception or qualification:
- The General Assembly, any Working Committee or activity of GPRA shall not be used for the purpose of bringing about or attempting to bring about any understanding or agreement, oral or written, formal or informal, expressed or implied, among competitors with regard to prices, costs, bids, terms or conditions of sale, distribution, volume of production, markets, territories, or customers.
- No GPRA activity or communication shall include discussion for any purpose or in any manner of pricing methods, production levels or other limitations on either the timing, costs or volume of production or sale, or allocations of markets, territories or customers.
- No GPRA activity or communication shall include any discussion, which might be construed as an attempt to prevent any business entity from obtaining a supply of goods or otherwise purchasing goods or services freely in the market.
- In conducting GPRA meetings, the Treuhandbuero shall prepare and follow a formal agenda. The agenda should be specific and avoid topics that may cause antitrust problems such as price, production and selection of customers or suppliers. In addition, any discussion of pricing, discounts, credit terms, refusals to deal or allocation of markets shall be avoided. All participants at the meeting shall adhere strictly to the agenda.
- Minutes of the meeting shall be distributed to all members. Approval of the minutes shall be obtained at the next meeting.
- Speakers at meetings shall be informed of the necessity to comply with GPRA’s antitrust policy in the preparation and presentation of their presentations.
- During informal discussions at the site of a GPRA meeting, but beyond control of its Chairperson or the Treuhandbuero, all members and attendees shall observe the same rules that are defined by this “Antitrust Compliance Declaration”.
- If antitrust problems arise with a member’s company activities, this member should promptly consult the GPRA or the Treuhandbuero on any matters of concern.
- The antitrust laws and government enforcement policies change from time to time based on new court decisions or other events. In addition, nearly every national jurisdiction has its own antitrust laws, which may differ from other antitrust laws. Accordingly, every member should consult their legal counsel whenever antitrust concerns or other competitive problems arise.