NAPEO Antitrust Policy

NAPEO has a policy of strict compliance with federal and state antitrust laws. The purpose of this policy is not only to prevent violations of the antitrust laws, but also to avoid even the appearance of a violation. The basic principle underlying this policy is that there shall be no illegal agreements reached or carried out through NAPEO. It is particularly important that pricing decisions regarding members products and services must be made by each member independently and acting alone. This applies to all terms and conditions that affect price. NAPEO members cannot come to understandings, make agreements, or otherwise concur on positions or activities that in any way tend to raise, lower or stabilize prices or fees. Members can discuss pricing models, methods, systems and applications. However, there can be no discussion as to what constitutes a reasonable, fair or appropriate price or fee to charge for any service or product. Information may be presented with regard to historical pricing activities so long as such information is general in nature and does not include data on current prices or fees being charged in any trade area. Any discussion of current or future prices, fees, discounting, and other terms and conditions of sale, which may lead to an agreement or consensus on prices of fees to be charged, is strictly prohibited. Members are cautioned that a price-fixing violation may be inferred from price-related discussions followed by parallel decisions on pricing by association members — even in the absence of an oral or written agreement.

In addition, each NAPEO member must decide individually and without consultation with other members on the customers with whom it wishes to deal and the markets that it desires to supply. Accordingly, at NAPEO meetings there shall be no discussions on whether one company should deal with another, on whether it should sell in a particular market, on whether it should sell to particular customers, or that members should refuse to deal with a company or individual, or purchase its products or services, because of its pricing or bidding practices.