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GRMCA Antitrust Compliance

Antitrust Compliance Policies and Procedure

Members are reminded that state and federal laws prohibit the exchange of information among competitors regarding matters pertaining to price, market division and other topics which infringe upon antitrust regulations, and that no such exchange or discussion will be tolerated during this meeting. These guidelines apply not only to the formal meeting session, but to informal discussions during breaks, meals, or social gatherings.

It shall be the policy of the Georgia Ready Mixed Concrete Association to be in strict compliance with all Federal and State Antitrust Rules and Regulations, therefore: BE IT RESOLVED, that the following are adopted as the Georgia Ready Mixed Concrete Association’s Antitrust
Compliance Policies and Procedures:

  1. These policies and procedures apply to all membership, board, committee and other meetings sponsored by the Association, all meetings attended by representatives of the Association and to the Association’s employees in all of their activities within the scope of their employment.
  2. All meetings of the Association whether membership, board, committee or any other type of meeting sponsored by the Association, shall be conducted as though they were open to the public.
  3. Discussions of prices or price levels is prohibited. In addition, no discussion is permitted of any elements of a company’s operations which might influence price such as (a) company costs of operations, supplies, labor or services, (b) allowances for discounts, (c) terms of sale including credit arrangements, and (d) profit margins and mark ups; provided this limitation shall not extend to discussions of methods of operation, maintenance, and similar matters in which cost or efficiency is merely incidental.
  4. It is a violation of the antitrust laws to agree not to compete; therefore, discussions of division of territories or customers or limitations on the nature of business carried on or products sold are not permitted.
  5. Boycotts in any form are unlawful. Discussion relating to boycotts is prohibited, including discussions about blacklisting or unfavorable reports about particular companies including their financial situation.
  6. It is the Association’s policy that all meetings attended by representatives of the Association where discussion can border on an area of antitrust sensitivity, that the Association’s representative request that the discussion be stopped and ask that the request be made a part of the minutes of the meeting being attended. If others continue such discussion, the Association’s representative should excuse himself from the meeting and request that the minutes show that he left the meeting at that point and why he left. Any such instances should be reported immediately to the President of the Association and through him to legal counsel so that the matter can be reviewed and a determination be made as to the necessity of further action by the Association.
  7. It is the Association’s policy that a copy of these Antitrust Compliance Policies and Procedures be given to each director, committee member, official representative of member companies and Association employees annually, that the same be read as the first order of business at all meetings of the membership of the Association, and permanently displayed in the Association’s offices.
  8. A prepared Agenda will be written and followed at all meetings. Particular attention will be paid to avoiding discussions as outlined in Paragraph 3 heretofore.
  9. Formal minutes of all meetings will be written and filed.