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AF&PA Antitrust Compliance Policy Statement

Fair and rigorous competition is essential to the maintenance of this country’s free enterprise system. In furtherance of this principle, all AF&PA members pledge to conduct their business activities in strict compliance with antitrust laws.

The Sherman Act, The Clayton Act, The Federal Trade Commission Act, and The Robinson-Patman Act1 comprise the basic United States federal antitrust laws. In addition, nearly every U.S. state has its own antitrust statute as well and most foreign countries also have antitrust laws that govern companies operating abroad.  In general, agreements or understandings between competitors that operate as substantial impediments to free and open competition are forbidden. The broad language of these laws suggests the scope of federal antitrust prohibitions by forbidding any agreement that unreasonably restrains trade. (The Sherman Act, 15 U.S.C. §1)

For agency guidance relating to federal antitrust laws, please refer to these resources which are frequently updated:

It is the interest of all AF&PA members that each company adopts and enforces effective compliance practices in consultation with experienced antitrust counsel. As such, each member company shall certify on an annual basis that it has adopted and implemented an antitrust compliance policy that considers the elements of an effective corporate compliance program and that those regularly attending AF&PA meetings and events (in-person or virtually) receive appropriate antitrust compliance training. Such certification will be signed by a company officer and provided to AF&PA’s Vice President, General Counsel & Corporate Secretary along with other member company commitment forms.

1 June 19, 1936 section 2 of the Clayton Act was amended by the Robinson-Patman Act adding sections 13a, 13b, and 21a.