It is the policy of Plug & Play that all employees and Corporate Members comply fully and in good faith with all applicable antitrust laws. Compliance with the antitrust laws is the responsibility of each individual employee and Corporate Member.
Any employee or Corporate Member having knowledge of any activities, whether proposed or in progress, that the employee or Corporate Member believes to be in violation of this Policy is obligated to report the matter promptly to Plug & Play management.
The following are illegal under the antitrust laws, and discussions, actions and activities involving the following are prohibited within Plug & Play:
Price Fixing. Price fixing is any agreement with a competitor restricting price competition. Price fixing is always illegal. It does not matter that prices are reasonable or that no exact price is fixed. The prohibition on price fixing includes all aspects of price: price to be charged, bids, price quotes, terms and conditions of sale, discounts, allowances, freight charges, credit charges, delivery terms, etc. The prohibition applies both to general price levels in the market as well as to pricing to specific customers.
The prohibition against price fixing applies equally to purchasing. Agreements among buyers fixing the price they will pay for a product or service (including wages or salaries paid to employees) is prohibited.
Bid Rigging. Bid rigging is always illegal. Bid rigging is an agreement between two or more persons to eliminate, reduce or interfere with competition for a job or contract that is to be awarded on the basis of bids. The prohibition against bid rigging also applies to purchasing.
Allocation of Territories, Suppliers, Customers, etc. Agreements between competitors to allocate territories, suppliers, customers, sources, bids, contracts, or other business opportunities are always illegal. Unlawful agreements include (i) agreeing to stay away from a geographical area, customer, supplier, source or bid; (ii) agreements not to compete aggressively within a geographic area or for a customer, supplier or bid; (iii) agreements to share business in any manner or (iv) agreements among competing employers not to hire each other’s employees.
Other Agreements. Other agreements that are always illegal include (i) agreements to limit production or supply; (ii) agreements to refrain from or otherwise restrict advertising or other marketing activities; and (iii) other agreements affecting the quantity or quality of the products or services being offered.
This Policy does not outline all activities that may be deemed to violate U.S. antitrust laws and is not a substitute for antitrust compliance training. No Plug & Play employee or Corporate Member should ever do anything that would constitute a violation of the antitrust laws. If you find yourself in a situation in which others are discussing such matters, make clear that you have no interest in the conversation, expressly dissociate yourself from them, and report the matter to Plug & Play management.