MMTA

There should be no discussion, communication or disclosure amongst Members who are competitors, with regard to minor metals: prices, discounts or terms or conditions of sale of products or services, pricing methods, profits, profit margins or production cost data, volume of production, production plans, market shares, distribution, volumes, sales territories or markets, allocation of territories or customers or similar competitively sensitive topics.
 

The Association must not be used for the purpose of facilitating, assisting, bringing about or attempting to bring about, any understanding, arrangement, concerted practice or agreement, whether written or oral, formal or informal, express or implied between or among actual or potential competitors with regard to the matters set out in point 5.
 

The Association’s meetings, events and communications shall not be used by any Member to discuss, plan or facilitate any practice, arrangement or agreement which would have the effect of lessening competition in the minor metal market.
 

Members must comply with both the letter and spirit of this policy.
 

If any Member’s representative is concerned about the propriety of the discussions at an event or meeting of, or organised by, the Association, the representative shall immediately draw such concern to the attention of the Chair of the event or meeting, an Association staff member or any legal counsel in attendance.  It is agreed that the discussion in question will be suspended until all Members are satisfied, with the appropriate advice if necessary, that the discussion may be resumed. Each Member recognises that advice from its legal counsel is not to be treated as advice to the Association. The Association may and is hereby authorised to retain independent legal counsel if and where necessary with respect to all matters in connection with this policy.
 

Each of the Members acknowledges the existence of this policy and its agreement to adhere to this policy while a Member. Members, speakers and guests will be reminded of the existence of this policy and its purpose in advance of and at the outset of all Association meetings and events whensoever and wheresoever they are held.
 

The Association’s governing body (“Main Committee”) may choose to investigate thoroughly any suspected or reported breach of or behaviour inconsistent with this policy.  If the Main Committee finds sufficient and material evidence that the alleged breach or misbehaviour has occurred it may (and is hereby given the unfettered authority to) suspend the membership and the privileges associated therewith of any Member and take such other actions as may be required by the Competition Laws.
 

The Association recognises it is the individual Member's responsibility to be fully informed of the existence and contents of this policy and have a general and current knowledge of Competition Laws generally. Individual Members will rely on their own counsel if they have questions about competition related issues involving the Association.