Antitrust Guidelines for IWFA and EWFA Meetings The following guidelines are intended to assist speakers and attendees at IWFA and EWFA meetings to avoid antitrust-sensitive topics. Absent prior legal guidance and clearance, there should be no presentation to, discussion concerning, or dissemination of documents to IWFA/EWFA members, whether relating to any particular company or to the window film industry in general, regarding the following subjects:
1. Future, current or recent (i.e., within the last 90 days) prices, price changes, price quotations, pricing policies or philosophies, price differentials, markups, discounts, allowances, etc. a. This applies to any significant element of price, such as freight, credit, warranties, terms and conditions of sale, and the like; b. This applies to any products over which the audience members may have pricing authority control;
2. Future, current or recent (i.e., within the last 90 days) output, capacity, inventory levels or costs (including production, down-time, inventory, distribution or wage, salary or benefits cost);
3. The customers to whom a specific company does or does not sell, the territories in which a specific company does or does not sell, or the product categories which a specific company does or does not sell;
4. Refusal to do business with particular customers, suppliers or competitors, or the suggestion that such a refusal (“boycott”) might be appropriate or desirable;
5. The amount that a specific company pays for goods and services;
6. Business or marketing plans concerning the future production, distribution or marketing of particular products; or any other statistics or data pertaining to a particular company’s business operations. Legal clearance may be given if the information involved (1) has already been made public in a document which is easily accessed by the public; (2) is historical (at least three months old); or (3) is highly aggregated and not company, geographic, or product specific.
For further legal guidance or clearance, please call Peter Boyle, +1 202-508- 5831, Darrell Smith, +1 276-632-1084, or Stéphanie Priou +34 638 35 46 50.