The activities of the EICC are a coordinated effort among competitors that may be subject to antitrust/competition laws in the US and Europe and other countries where our companies do business. Although this coordination and the goals towards which it is directed — advancing the pro-competitive interests of the EICC and of the industry — are wholly appropriate, the meetings and programs of the group should be conducted so as to eliminate questions regarding antitrust and competition law compliance. Under no circumstances shall the meetings of this group be used as a means for competing companies to reach any understanding, expressed or implied, which tends to restrict competition in any manner not reasonably related to appropriate implementation of the Electronic Industry Code of Conduct or in any way to impair the ability of members to exercise independent business judgment regarding matters affecting competition.

Thus, the practice of the EICC is to have a stated purpose and written agenda for each meeting; prepare and distribute discussion items, written decisions and action items after each meeting; and have access to counsel when needed. Meeting participants should not discuss (or exchange information regarding) any of the following topics with their competitors:

Prices:
Past, present, or future prices; agreements on price; formulas or methodology for pricing; discounts; refunds or rebates; credit terms; whether certain products or sources are sold as a package; profit margin information or other terms or conditions of sale. These rules apply to the prices paid to suppliers, as well as the prices charged to customers.

Quantity:
The quantity of output a firm will produce or the maximum it is capable of producing.

Customers:
Which customers or potential customers (or geographic areas) a firm will or will not target or sell; customers (or suppliers) with whom it will not deal; customer complaints or business plans; specific suppliers or the circumstances under which it will refuse to do business with a customer or supplier, (other than in connection with appropriate implementation of the Electronic Industry Code of Conduct).

Sales and Production:
Sales, purchasing, bidding and marketing terms; activities or plans or confidential product development; production or testing strategies; specific R&D or other proprietary knowledge or information.

Meeting participants should also understand that these guidelines apply not only to discussions during a formal meeting, but to all informal discussions as well. Many antitrust indictments and civil lawsuits have arisen from informal conversations in the workplace, at trade shows, or in social settings.

If a meeting participant has any questions as to the legality of any proposed course of action, the matter should immediately be brought to the attention of a company’s legal counsel for advice.