COAA unequivocally supports the policy of competition served by the antitrust laws and reaffirms its uncompromising intent to comply in all respects with those laws.
STATEMENT OF POLICY
The purpose of the antitrust laws is to preserve a competitive economy in which free enterprise can flourish. The Construction Owners Association of America’s insistence upon full compliance with all legal requirements in the antitrust field is based not only on a desire to stay within the bounds of the law, but also on the Association’s conviction that the preservation of a free competitive economy is essential to the welfare of the Association, the industry it represents, and the country.
The Association unequivocally supports the policy of competition served by the antitrust laws and reaffirms its uncompromising intent to comply in all respects with those laws.
It is the responsibility of every member and staff person of the Association to be guided by its policy of strict compliance with the antitrust laws in all its activities. It shall be the special responsibility of the Association Officers, Directors, and Committee Chairpersons to ensure that this policy is known and adhered to in the course of activities pursued under their leadership.
Free and open discussion of matters of mutual interest to the members of a trade association are necessary for the successful operation of the Association. It is important, however, to recognize and to observe the legal limitations imposed by law on these discussions. Broad areas of conduct and conversation that are considered to be in restraint of trade and illegal are described in the antitrust laws.
As a result, everyone must be mindful that communications and discussions between competitors or between sellers and customers that might be considered anti-competitive are often the basis from which the courts can infer antitrust violations.
It is critical to always be aware of what discussions may be considered anti-competitive. Since one part of an antitrust violation is a contract, combination, or conspiracy in restraint of trade, members should not discuss issues of pricing strategy, current or anticipated profit margins, information related to business relationships, terms of pending or anticipated business transactions, division of markets or components, or the process of bidding on current projects or similar topics that could be construed to be anti-competitive.
COAA also reminds its staff, members and attendees at the conferences that no member of the Association shall have authority to represent that they are communicating on behalf of and as an official representative of the Association without prior approval of the Association.
We appreciate your cooperation and assistance in complying with COAA’s Antitrust Policy.