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MCA Anti-Trust Policy

Statement

The Metal Construction Association (MCA) is a trade association of members of the metal construction industry, which was incorporated in 1983 under the non-profit corporation law of the District of Columbia. It is organized to promote the common interest of its members and of the members of the metal construction industry, when such interest does not conflict with the common good. MCA is not intended to become involved, and will not become involved, in the competitive business decisions of its member companies, nor will it take any action, which would tend to restrain competition in the metal construction industry.

Nevertheless, it is recognized by the Board of Directors of MCA that the Association and its varied activities could be regarded by some as a forum or opportunity to promote anti-competitive conduct. For this reason, this statement of policy to make clear its unequivocal support for the policy of competition served by the antitrust laws as well as its uncompromising intent to comply strictly in all respects with those laws.

In addition to the Association’s firm commitment to the principle of competition served by the antitrust laws, the penalties which may be imposed upon both the Association and its individual and corporate members involved in any violation of such laws are now so severe that good business judgment demands that every effort be made to avoid any such violation. Certain violations of the Sherman Act, such as price-fixing, are felony crimes for which individuals may now be imprisoned for up to three (3) years or fined up to $100,000 for each offense. In addition, treble damage claims by private parties (including class actions) for antitrust violations are extremely expensive to litigate and result in judgments of a magnitude which could destroy the Association and seriously affect the financial interest of its individual members.

It shall be the responsibility of every member of MCA to be guided by MCA’s policy of strict compliance with the antitrust laws in all activities. It shall be the special responsibility of Association officers and committee chairmen to ensure that this policy is known and adhered to in the course of activities pursued under their leadership.

To assist the MCA staff and all its officers, directors and committee chairmen in recognizing situations which may raise the appearance of an antitrust problem, the Board will, as a matter of policy, furnish to each of such persons copies of the Association’s General Rules of Antitrust Compliance. The Association will also make available general legal advice when questions arise as to the manner in which the antitrust laws may apply to the activities of MCA or to any committee thereof.

Antitrust compliance is the responsibility of every MCA member. Any violation of the MCA General Rules of Antitrust Compliance or of this general policy will result in immediate suspension from membership in the Association and immediate removal from any Association held by any official representative violating the same.

General Rules of Compliance

The following rules are applicable to all MCA activities and must be observed in all situations and under all circumstances without exception of qualification other than as noted below:

1. Neither MCA nor any committee or activity of MCA shall be used for the purpose of bringing about or attempting to bring about any understanding or agreement, written or oral , formal or informal, expressed or implied, among competitors with regard to prices, terms or conditions of sale, discounts, distribution, volume of production, territories or customers.
2. No MCA activity or communication shall include discussion or action for any purpose or any fashion, or prices or prices or pricing methods, production quotas or other limitations on either the timing or volume of production or of sales, or involve allocation of territories or markets or customers in any way.
3. No MCA committee shall undertake any activity which involves exchange or collection and dissemination among competitors, of any information regarding prices, pricing methods, costs of production, labor, sales, distribution or individual company statistics of any kind without first obtaining the advice of legal counsel.
4. No MCA activity or communication shall include any discussion or action which might be constituted as an attempt to prevent any person or business entity from gaining access to any market or to any customer or goods or services, or to prevent or boycott any business entity from obtaining a supply of goods or otherwise purchasing goods or services freely in the market.
5. No MCA activity or communication shall include any discussion or action which might be construed as an agreement or understanding to refrain from purchasing any raw materials, equipment, services or other supplies from any supplier.
6. Neither MCA, nor any committee of MCA shall make any effort to bring about the standardization of any product or method of manufacture or certification of any product or program, for the purpose of preventing the manufacture or sale of any product not conforming to a specified standard of which would tend to have the overall effect of either lessening competition or resulting in a degree of price stabilization.
7. No person or company shall be unreasonable excluded from MCA membership or participation in any MCA activity of committee where such exclusion may impair such person’s or company’s ability to compete effectively in the metal construction industry.
8. In conducting MCA committee meetings, the chairman thereof shall prepare and follow a formal agenda. Minutes of each meeting shall be distributed to all persons who attended such meetings. Approval of the minutes shall be obtained from the membership of the committee at its next meeting. Copies of the minutes shall be transmitted to the headquarters staff and to legal counsel.
9. Association speakers shall be informed of the need to comply with the Association’s antitrust policy in the preparation and presentation of their papers.
10. In informal or social discussions at the site of an MCA meeting, which are beyond the control of its officers and chairmen, all representatives are expected to observe the same standards of personal conduct required of the Association in its compliance with the Antitrust Policy Statement and General Rules of Antitrust Compliance, which is printed in the MCA Directory.