The policy of the Synthetic Turf Council, (“STC”) is to strictly comply with all laws applicable to its operations and activities, including the antitrust laws of the United States, and as applicable, the antitrust laws of the states within the United
States and the antitrust laws of other countries (all such antitrust laws and any regulations and rules related thereto being collectively the “Antitrust Laws”). The activities of the STC are not intended to restrain competition or to harm consumers,
it being the purpose of the STC to promote and preserve free, fair and open competition and to benefit the consumers of its members’ synthetic turf system products and services.
Each STC member, member representative, officer, director and staff member shall familiarize themselves with the “Antitrust Laws” and each agrees to conform all meetings, activities and events sponsored by the STC which they attend or are involved, and
to conduct their individual participation in any such meeting, activity or event, in strict compliance and accordance with the applicable Antitrust Laws and with the STC antitrust prevention checklist (“Antitrust Checklist”). The STC Antitrust
Checklist is intended to provide basic antitrust prevention guidance of for STC activities and is not intended to, and does not, contain all actions that could be taken or not taken to prevent violations of the Antitrust Laws nor does it cover all
of the types of activities which have been, or which could be, found to violate the Antitrust Laws. The STC Antitrust Checklist shall be updated and revised as appropriate by the STC Board in consultation with counsel. Meetings of, or sponsored
by, the STC include, without limitation, membership meetings, board meetings, and committee meetings, and are referred to herein as “STC Meetings”. A professional staff member or counsel of the STC shall attend all STC Meetings; provided, that
in the event of a STC Meeting in which issues with antitrust implications are expected to be discussed, counsel shall attend.
STC ANTITRUST CHECKLIST
This checklist is for the use of the STC staff, officers, directors and member representatives in the conduct of meetings, events, activities and gatherings sponsored by the STC (“STC Meetings”). This is not intended as an exhaustive list, however, and
members are encouraged to seek the guidance of counsel or professional staff of the STC whenever questions arise. STC staff, officers, directors and member representatives must comply with this Antitrust Checklist.
DO adhere to the following practices:
- Comply with the STC Antitrust Policy and all applicable Antitrust Laws.
- Understand the purpose and authority of any STC committee or other STC sponsored group in which you participate.
- Have an STC staff representative or counsel present at all STC Meetings (member, board, committee, etc.)
- Prepare and have counsel or professional staff review in advance written meeting Agendas, including particular items to be discussed, and adhere to the Agenda.
- Ensure that the draft minutes of all meetings, fully and accurately describing all matters that transpire during the meeting, are promptly prepared after each meeting, reviewed by counsel and then circulated to members that were present at the meeting
for comments concerning the accuracy of the minutes.
- Promptly protest against any discussions or meeting activities that appear to violate this Antitrust Checklist, the Antitrust Laws or the STC Antitrust Policy. If the discussion continues, you should promptly leave the meeting after insisting that
the minutes reflect your departure, and then communicate your protest and the reasons therefore to the appropriate STC staff member and your company counsel.
- Consult with STC's legal counsel on all antitrust questions related to STC's activities, and educate yourself on the antitrust requirements related to your participation in STC.
DON'T, in fact or appearance, discuss or exchange information with actual or potential competitors regarding any of the following matters:
- Individual company or industry product prices, price changes, price differentials, mark-ups, discounts, warranties, allowances, credit terms, transportation or shipping costs, or any other subject, term or condition related to sales or bearing on
- Individual company or industry figures on costs, production, capacity, inventories, sales, etc., except in connection with an approved STC sponsored confidential statistics program.
- Plans of individual companies concerning the design, production, distribution or marketing of particular products, including proposed territories or customers.
- Elimination, restriction, or limitation of the quantity or quality of any product to be sold or the allocation, division or other restriction or limitation of sales to particular territories, customers, or classes of customers or through representatives
- Bids on contracts for particular products or procedures for responding to bid invitations.
- Matters relating to actual or potential individual representatives, distributors, suppliers or customers that might have the effect of excluding, limiting or denying them from any market or influencing the business relations or conduct of any STC
member or competitor with them.
- Restricting or denying membership in STC to any competitor of a member or members in the industry or restricting or denying exhibition space to any nonmember that competes in the industry, without first notifying counsel.
- The elimination or limitation of competition in any way or the creation of a monopoly.
- Refusal to sell to or purchase from, or the termination or modification of sales or purchase arrangements with representatives, distributors, customers, or other third parties, or the prices or terms of sale or resale by customers.