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The Recycle Florida Today, Inc. (RFT), is a professional associations of members who function as individuals and not as agents or representatives of any organization with which they may be associated. 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 the policy of the organization, in all its meetings, to adhere to its objective to promote the education, professional growth and betterment of those individuals associated with environmental and sustainability industries.
This policy is essential to avoid violating federal and state antitrust laws, inclusive of Section 1 of the Sherman Act. The Sherman Act is of principal concern to trade association members, as a trade association by its very nature includes groups of competitors that can easily and inadvertently undertake collective actions that restrain trade.
It is the policy of Recycle Florida Today, Inc. and its members is to generally follow the recommendations of trade associations.
General Rules of Compliance
The following rules are applicable to all RFT activities and must be observed in all situations and under all circumstances without exception or qualification other than as noted below. The per se violations of greatest concern to trade associations generally involve:
(a) Price Fixing and Bid Rigging: where two or more competitors establish by agreement, or by a pattern of conduct which amounts to an agreement, a coordinated price or pricing policy for the products they sell or inventory they purchase;
(b) Market Allocation: agreements between competing companies to divide up products, customers, territories, or to agree on output;
(c) Group Boycotts and Collective Refusals to Deal: group activities among competitors that cause significant competitive injury to third parties, such as the “blackballing” or boycotting of customers or suppliers; and
(d) Agreements to Control Production: agreements among competitors to increase or restrict the quantity or quality of production levels.
Other joint activity may also violate the antitrust laws, even if it does not rise to the level of a per se violation. In non per se situations, illegality depends on an analysis of whether an activity unreasonably restrains trade. This inquiry requires examination of all the facts and circumstances surrounding the conduct, and a balancing of the pro-competitive benefits of the activity against the potential anti-competitive consequences. Some examples of non per se violations that still may be problematic in certain circumstances include exclusive dealing arrangements, reciprocal sales and purchase agreements, and agreements to establish industry product standards. Frequently, this so-called “rule of reason” approach does not lend itself to specific guidelines, and it is often necessary to consult with legal counsel to determine whether a particular activity might constitute an unlawful restraint of trade. Even if these activities are ultimately found not to violate antitrust laws, investigations and lawsuits establishing the pro-competitive effects of such practices are often expensive, time-consuming, and disruptive.
If there are any violations of this policy, the offending member will be ruled out of order immediately and appropriately corrected and/or disciplined if necessary, and any action taken in violation of this policy immediately will be null and void, and a record minute will be made to that effect. Any suspected antitrust violations should be immediately reported to Recycle Florida Today, Inc. at firstname.lastname@example.org
Discussion of every situation which may implicate the antitrust laws in a single set of guidelines is impossible. While these guidelines attempt to provide instruction across a range of antitrust issues, they are by no means inclusive of all situations. If you have any question about whether certain actions, activities, or agreements violate antitrust laws, please consult legal counsel.
We appreciate your cooperation and assistance in complying with RFT’s Antitrust Policy.
— Adopted June 2015; last updated June 2015