MEMS Industry Group (“MIG”) meetings and activities must be conducted in a manner which avoids even the appearance that any individual or company, or any combination thereof, is taking any action which might unreasonably, unfairly, or illegally restrain trade, whether interstate or foreign. This mandatory Anti-Trust Policy provides a prudent, conservative approach to avoid the risk of violating anti-trust laws. Rules set forth below are mandated by MIG to its members and any other attendees of MIG meetings and activities, regardless of the medium or format of communication and the formality or informality of the discussions or other communications. MIG will make every reasonable effort to inform MIG members and/or any other attendees of MIG meetings and activities of this Anti-Trust Policy and the policy will be posted on MIG’s website at all times. These rules are in addition to the rules that we have already adopted relating to trade secrets and record retention.
The anti-trust laws prohibit agreements or understandings between two or more individuals or businesses to regulate prices or quantities of goods and services, to allocate customers or territories, to hinder or limit a competitor or potential competitor's operations, or otherwise unreasonably to restrain business activity. Discriminatory pricing or servicing is also prohibited, even if consumers ultimately benefit.
Violation of the anti-trust laws, which include the Sherman Act and the Federal Trade Commission Act, may occur through active participation or through implied acquiescence by attending a meeting where others engage in illegal discussion concerning price-fixing or other prohibited subject matter, even if one says nothing during the discussion. Penalties are quite severe and include civil and/or criminal consequences which may include: treble damages, cease and desist orders, consent decrees, and imprisonment.
The anti-trust laws prohibit the following:
• Contracts, combinations, or conspiracies in restraint of trade (i.e., unduly or unreasonably restraining interstate or foreign trade or commerce)
• Unfair or deceptive acts or practices in or affecting commerce by individuals or companies
Every individual and company that participates in MIG meetings and activities (i.e., a speaker, panelist, attendee, or guest) must follow these guidelines, regardless of the medium or format or formality or informality of the discussions or other communications:
- DON'T discuss with others or collect information from others concerning your own or competitors' prices, pricing procedures, or anything that might affect prices such as costs, discounts, profit margins, anticipated wage rates.
- DON’T discuss or make agreements affecting the price of goods.
- DON’T discuss or make agreements which restrict the volume of goods that will be produced or made available for sale.
- DON’T discuss adhering to a formula for determining prices, standardizing discounts, controlling raw material prices.
- DON’T discuss the sale of one product that compels a purchaser to also purchase a different or tied product.
- DON’T discuss controlling or standardizing price of goods and services, or any other agreement or combination which affects the price of goods or services.
- DON'T discuss particular terms and conditions of sales, including credit, shipping and transportation arrangements or intended warranties.
- DON'T make announcements or statements about your own prices or those of competitors.
- DON'T discuss production quotas or allocations, or sales territories, marketing for geographic or markets goods or marketing of goods with particular customers.
- DON'T disclose to others any competitively sensitive information, such as, without limitation, individual internal company statistics and customers, inventories or merchandising methods. Particular customers and sellers must not be identified nor should they be otherwise identifiable.
- DON’T comment on or analyze any information as it relates to prices, output, or costs. However, prices, price trends, or price levels may be generally referenced as part of a discussion or other communication, provided that there is no reference to a specific price for a good or service of a particular company.
- DON'T propose or agree to any action intended to prevent anyone from having access to any market, to boycott any customer supplier, or competitor, or to disadvantage or injure another company.
- DON'T stay at a meeting or participate in any other forum, however formal or informal, where any talk occurs that violates MIG guidelines.
- DO confer with legal counsel or MIG before bringing up any topic or making any statement with competitive ramifications.
- DO send to MIG for review copies of all drafts of correspondence or other written statements to be made on behalf of MIG if you are uncertain about whether the correspondence or statement violates these guidelines, prior to submitting or transmitting any such correspondence. .
- DO consult with counsel before discussing standards which are for the purpose of, or will result in, preventing the manufacture or sale of a good which would substantially lessen competition or stabilize prices.
- DO follow these guidelines in informal discussions as well as formal meetings.
- DO speak up at any meeting or activity to prevent a violation of these guidelines.
- DO inform MIG (namely, contact the MIG Executive Director), in a prompt and expedient manner, of any violation (or suspected violation) of this policy, whether by you or any third party. MIG shall immediately investigate any such violation or suspected violation.
Violation of these guidelines will result in MIG taking appropriate disciplinary action against you and may include being banned from MIG meetings and activities and termination of MIG membership, where applicable.