Antitrust Compliance Policy

As part of the Retail Packaging Association’s antitrust compliance program, the following checklist highlights several basic antitrust principles for use by RPA staff, volunteers and members in the conduct of RPA sponsored meetings and social gatherings. Because a trade association necessarily involves communications and collaboration among competitors, its activities must be undertaken with extreme care to avoid even the appearance of an anticompetitive purpose or intent.

DON’ T

1. Do Not - in fact or appearance – discuss or exchange information with actual or potential competitors regarding any of the following matters, either at RPA sponsored meetings or social gatherings:

a) Individual company prices, price changes, price differentials, mark-ups, discounts, warranties, allowances, credit terms, costs, production levels, capacity, sales, etc.

b) Plans of individual companies concerning the design, production, distribution or marketing of particular products, including proposed territories or customers.

c) Division or limitation of sales to particular territories, customers or classes of customers.

d) Refusal to sell to or purchase from, or termination or modification of sales or purchase arrangements with representatives, distributors, or other third parties, or prices or terms of sale or resale by customers.

e) Industry pricing policies, price levels, price changes, differentials and/or changes in industry production, capacity or inventories.

f) Matters relating to actual or potential individual suppliers or customers that might exclude them from any market or of influencing the business conduct of firms toward such suppliers or customers.

g) Limiting or eliminating competition in any way, or efforts to create a monopoly.

2. Do not discuss or exchange information regarding the above matters during social gatherings incidental to RPA sponsored meetings, even in jest.

3. Do not meet without RPA staff or counsel present.

DO

1. Before meetings, prepare and have counsel review agendas of particular items to be discussed at meetings and adhere to the agenda unless additional matters for discussion have been approved in advance by RPA staff or counsel.

2. Ensure that draft meeting minutes are promptly prepared after each meeting, reviewed by counsel, and then circulated to members present at the meeting to determine that the minutes accurately reflect the proceedings.

3. Protest any discussions or meeting activities which appear to violate the antitrust laws or the RPA Antitrust Compliance Policy and Guidelines; disassociate yourself from any such discussions or activities and leave any meeting in which they continue. Be sure that RPA staff and counsel are made aware of any such activities.

4. Provide RPA members and staff with a copy of this checklist and have a copy available for reference at all RPA sponsored meetings.