It is the policy of the International Society of Arboriculture, heretofore referred to as the ISA, and its officers, Board of Directors of ISA, Executive Committee, ISA staff, committees, councils, and membership to strictly comply with all laws and regulations that apply to activities conducted under the auspices of the ISA, including Federal and State antitrust laws. Society members, officers, and staff are expected to conscientiously adhere to antitrust laws. The ISA will never knowingly engage, permit nor condone anti- competitive behavior, whether willful or inadvertent, in connection with any ISA activity nor allow the Board of Directors to be used by any member for any anti-competitive or unlawful purpose or having any anti-competitive effect. The officers and the Board of Directors of the ISA commit to fully comply with Federal and State antitrust laws in the United States and competition laws of other countries that may apply.
General Antitrust Guidelines
As the antitrust laws prohibit anticompetitive agreements or understandings, it is important to know what behavior is indicative of anticompetitivness. While it is not possible to provide a complete list of all the specific activities that could be interpreted to amount to an antitrust violation, recognized areas of risk include the following:
- Discussions about controlling or influencing current or future prices (for purchase or sale), controlling or influencing price increases or decreases, or the stabilization of market prices.
- Discussion of what constitutes a “fair” profit level.
- Procedures for establishing selling prices, cash discounts, or credit terms.
- Control of sales levels, inventory levels, or timing of sales.
- Allocation or division of markets or geographical divisions of markets among competitors.
- Agreements, recommendations or suggestions that members refuse to deal with certain other persons or firms, in other words some type of boycott.
- “Hallway” or “hospitality room” discussions involving the discussion of business matters pertaining to fair trade. All meetings should be “on the record.”
- Whether or not the pricing practices of any competitors or industry member are unethical, or constitute an unfair trade practice.
- Agreements limiting or restricting advertising.
- The collection, exchange or dissemination of any individual cost data or other information regarding pricing methods including fees charged for services or products. Papers or other materials presented at ISA meetings or programs may refer to costs and other economic data provided that such information is not accompanied by any suggestion, express or implied, that prices or fees should be uniform.
The above guidelines are not intended and should not be understood as a comprehensive summary of all antitrust problem areas. These guidelines are intended to familiarize attendees with the broad contours of antitrust prohibitions so that antitrust compliance policies are achieved.
In the course of any event in which a conversation or activity such as those listed above begins, STOP IT IMMEDIATELY! Be aware that these guidelines also apply to casual discussions that occur outside formal ISA sessions. Matters deemed to be in violation of these guidelines shall be reported to the Society at the earliest possible opportunity.
Thank you for your cooperation.
ISA Board of Directors