Antitrust Guidelines

Antitrust Guidelines

Statement of Policy

The Arizona Self-Storage Association (AZSA) recognizes and acknowledges the importance of preserving a free, competitive economy in the United States.  It is AZSA’s policy to avoid any conduct or discussion that would con­stitute, or which could be construed as, restraining com­pe­tition among competitors through agreement, under­stand­ing or otherwise, as to the price, production, or  dis­tri­bution of their products, or other agreements which unrea­son­ably re­strict competition, or restrict  the competitive capabilities or opportunities of their competitors, their suppliers or their customers.

As unlawful agreements can sometimes be inferred from circumstantial evidence, it is the intention of this organization to avoid even the appearance of questionable activity.  Accor­dingly, all AZSA meetings of every kind will be con­ducted in accordance with the following procedures:

There will be no discussion at any time of:

  • 1.   Current or future prices.
  • 2.   What constitutes a "fair profit level."
  • 3.   Possible increases or decreases in prices.
  • 4.   Standardization or stabilization of prices.
  • 5.   Pricing procedures.
  • 6.   Cash discounts.
  • 7.   Credit terms.
  • 8.   Control of sales.
  • 9.   Allocation of markets or geographical division of markets.
  • 10.  Refusal to deal with a corporation because of its pricing or distribution practices.
  • 11.  Whether or not the pricing practices of any industry mem­ber are unethical or constitute an unfair trade practice.

It is the policy of AZSA and its members to comply strictly with all laws applicable to AZSA’s activities.  Because such activities involve cooperative undertakings and meetings among com­petitors, the Board of Directors emphasizes the ongoing com­mitment of AZSA and its members to full compliance with federal and state antitrust laws.  A statement explaining this policy is to be made available at all AZSA meetings to remind each member of this commitment and as a general guide for our activities and meetings.

Responsibility for Antitrust Compliance

AZSA's programs have been designed and reviewed to ensure their conformity with antitrust standards. Each AZSA member has an equivalent responsibility for antitrust com­pli­ance. Each business enterprise and AZSA depend upon good judgment by all to avoid discussions and activities which could involve improper subject matter or improper procedures, or even an appearance of improper activity. AZSA staff mem­bers work conscientiously to avoid subject matters for dis­cus­sion which may have unintended implications, and counsel for AZSA provides guidance with regard to these matters. All concerned have an important and individual responsibility for assuring antitrust compliance in AZSA activities.

Meeting Procedures

To avoid even the appearance of questionable activity, as well as to guard against inadvertent conduct, all AZSA meetings shall follow these guidelines:

  • 1.   A written agenda will be prepared.
  • 2.   Accurate minutes of every meeting will be prepared, expeditiously sent to the participants, and approved at the next meeting.
  • 3.   These guidelines will be posted at all board meetings and be som noted in the minutes.
  • 4.   In case of doubt about the propriety of a topic of dis­cus­sion, consult AZSA officers or corporate counsel.
  • 5.   If a member has a reservation concerning remarks or discussion at an AZSA meeting, officially state the reser­va­tion; if the discussion is not terminated or resolved satis­factorily, the concerned member should leave the meeting.
  • 6.   Post-meeting chat sessions involving the discussion of business mat­ters should be avoided.

Conclusion

These guidelines are intended to highlight and empha­size the com­mitment of this organization to abide by the spirit of the law, and to set forth general, basic precautions designed to avoid not only antitrust violations, but any behavior which might be considered improper as well.

In case of doubt, seek the guidance of AZSA counsel, the officers of AZSA or your own corporate counsel if antitrust questions arise.