The following guidelines are intended to help speakers avoid antitrust-sensitive topics in their presentations at TAPPI-sponsored events. Absent prior clearance from TAPPI’s antitrust counsel, the following subjects should be avoided, whether they pertain to the pulp, paper and related industries generally or to a particular company in, or a product of, one of those industries:
1. Prices -- 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 or other terms and conditions of sale such as freight or credit terms.
2. Production Levels -- Future, current, or recent (i.e., within the last 90 days) output, capacity or inventory levels, including production down-time and inventory adjustments.
3. Group Boycotts -- Suggestions that competitors not do business with a particular supplier or customer, or a category of suppliers or customers.
4. Market Allocation -- Suggestions that certain competitors supply certain customers or product/geographic markets and that other competitors supply other customers or product/geographic markets.
5. Elimination of Competition in New Product Development -- Suggestions that competitors agree on product characteristics or refrain from competing in the development of new or improved products.
6. Marketing/Distribution Plans -- Future, current or recent (i.e., within the last 90 days) marketing or distribution plans of a company.
7. Certain Cost Information -- Future, current or recent (i.e., within the last 90 days) production costs generally (including prices paid for raw materials, supplies and labor), and overall production or distribution costs with respect to any specific products. Historical (i.e., at least 90 days old) costs or projected cost savings/increases related to a specific technological improvement under discussion may be addressed, as long as no comment whatsoever is made about any price changes that may occur as a result of the cost savings/increase.
8. Prohibited Themes -- Do not suggest or imply, or allow others to suggest or imply, that (a) prices should be increased, stabilized or lowered; (b) output or production capacity should be moderated, stabilized or lowered; (c) attendees should not do business with particular suppliers or customers; (d) certain geographic or product markets should be allocated among different producers or producing countries; or (e) competition in product development should be slowed or deferred either generally or for particular types of products.
Legal clearance for the presentation of certain information may be given if the information (1) has already been made public in a document which is easily accessible to the public; (2) is historical (at least 90 days old) or (3) is highly aggregated and not company, geographic, or product specific.
Visit www.tappi.org/antitrust for the expanded antitrust compliance policy. For questions, contact TAPPI President and CEO Larry Montague, (770) 209-7227, firstname.lastname@example.org.
Updated – July 2011