For all NACM Oregon trade groups, strict compliance with the letter and spirit of the antitrust laws is an absolute requirement. But this is not enough. Industry group members should avoid conduct that could appear to constitute a violation of the law.
Any discussion with respect to accounts shall be with reference to past-and-completed transactions only, and shall be held in strict confidence of the purpose of making individual decisions in the extension of credit.
Group members shall not participate in, or remain present, at any discussion among group members/competitors at an association meeting, or other gathering of credit executives or group participants, concerning:
Prices or factors determinative of prices
Allocation of territories among competitors
Allocation of customers among competitors
Refusal to deal with customers or suppliers
Limitation of production
In the event a group member becomes aware of such a discussion, the group secretary and/or legal counsel should be immediately notified so that appropriate action can be taken.
Libelous statements must be carefully avoided; they may subject all group members to major damage suits by persons who consider themselves to have been defamed.
Members must particularly avoid any statements declaring persons to be dishonest, fraudulent, or immoral. Such statements might be considered libelous, should not be used unless the member making the statement can prove from clear evidence that the statement is true.
The information exchanged at these meetings is of a confidential nature, and under no circumstances, should be divulged to anyone outside of the credit department.