MMTA ANTI-TRUST POLICY
Minor Metals Trade Association (“the Association”) is an association of
companies (“Members”) engaged in the production, processing, trade and/or
use of minor metals and/or offering a service to the minor metal industry.
The Association’s major objective is to promote, in
the general interest, the use of minor metals and in particular their applications
for various products. The Association recognises that while its
activities will be conducted for the benefit of its Members, it is important
that these activities be conducted to preserve competition and not to harm
suppliers, purchasers or others, including those that are not Members.
policy of the Association is to act in accordance with, and strictly
adhere to, the letter and the spirit of all applicable laws and more
specifically in connection with this policy with those antitrust and
competition laws and regulations which apply to it (collectively
“Competition Laws”). The policy applies to all Members and their representatives in the context
of both Association meetings and Association-sponsored events.
to strictly adhere to Competition Laws has extremely serious consequences
for Members, their Boards of Directors and their officers due to civil and
criminal provisions contained in such laws.
Association does not and will not restrain competition or inflict
prejudice or harm on consumers; rather the purpose and objective of this
policy is to promote free and open competition amongst its Members.
should be no collusion between Members who are competitors, with regard to
prices, discounts or terms of sale.
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.
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.
must comply with both the letter and spirit of this policy. Members must
use their best endeavours and judgement to respect and comply with both
the letter and spirit of this policy.
Any Member will be permitted to rely on advice of certain
authorised participants (including legal counsel). The Members agree to notify the
Association of the name and address of such advisers and whether such
advisers will be in attendance at any of the meetings of the
- 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.
and authorised participants are permitted to bring legal advisers to
Association meetings and events (at their own cost). The Members agree to notify the
Association of the name and address of such advisers.
- 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.
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.
For a print-friendly version of the MMTA's Anti-Trust Policy, click HERE.