Overview

1. Record in the meeting minutes that leaders have been advised to not violate anti-trust laws.

2. Remind at the beginning of each board meeting.

3. Ensure that policy of anti-trust avoidance exists.

Physician Hospitals of America
Antitrust Avoidance Statement

Adopted:

It shall be the policy of the association to be in strict compliance with all federal and state antitrust laws, rules, and regulations.  Therefore:

1. These policies apply to all membership, board, committee, and other meetings sponsored by the association, and to all meetings attended by representatives of the association.
2. Discussions of prices or price levels are prohibited.  In addition, no discussion is permitted of any elements of a company’s operations, which might influence price such as:
   1. Cost of operations, supplies, labor, or services;
   2. Allowance for discounts;
   3. Terms of sale including credit arrangements; and,
   4. 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.
3. It is a violation of 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.
4. 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.
5. 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 representation 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 and staff of the association.
6. It is the association’s policy that a copy of these Antitrust Compliance Policies be given to each officer, director, committee member, official representative of member companies and association employees annually and that the same be read, or understood at all meetings of the membership of the association.