Antitrust Guidelines for MHEDA Meetings

The purposes of the Material Handling Equipment Distributors Association (MHEDA) are to foster, promote, improve, further and enhance the material handling equipment distribution industry and to do all such lawful acts and things necessary to further the best interests of the industry.

MHEDA therefore recognizes the need to be constantly vigilant to assure full compliance in all respects with the antitrust laws and in furtherance thereof hereby endorses the basic principles contained in this guide for members and staff of the association.

MHEDA unequivocally supports the policy of competition served by the antitrust laws and reaffirms its uncompromising intent to comply strictly in all respects with those laws. It is the responsibility of every MHEDA member and staff person to be guided by its policy of strict compliance with the antitrust laws.

TOPICS OF DISCUSSION

Topics which must be avoided at MHEDA meetings include discussion or agreement of:

  • Prices, range of prices, pricing methods, profit margins, possible changes in prices, pricing stabilization, cash discounts and credit terms.
  • Pricing practices of any industry member.
  • Forecasts of price increases or decreases.
  • Bids, or intent to bid or not bid on a contract.
  • Allocation of a customer or class of customers or dividing up geographic territories.
  • Refusal to buy from, or to sell to, one or more companies.
  • Preventing any person from gaining access to a market or to a customer.
  • Preventing or boycotting any person from obtaining a supply of goods or services freely in the marketplace.
  • In general, any discussions or actions which would tend to restrict competition between members or competitors, within the industry generally.

If a topic does come up, and the meeting chairperson is not sure whether it is legally appropriate, the topic should be tabled until the next meeting and the chair should confer with MHEDA staff and MHEDA legal counsel for guidance.

During informal or social discussions at the site of a MHEDA meeting, when the meeting is not in session, all members and staff are expected to observe the same standards of conduct required by these guidelines.