Article XI — Statement Re Anti-Trust Laws
This statement will serve as notification to all ASFONA members that certain subjects/topics are not proper for discussion and consideration at any meeting of ASFONA members, committees, officers, directors, Board Members and Honorary Board Members at meetings deemed either formal or informal. It is understood that it is appropriate for members to meet to discuss and debate areas of interest and common programs. However, it is important to understand that in many cases members are actually competitors and that any collective action taken to eliminate, restrict or govern competition among members is in direct violation of antitrust laws. If there is any discussion among attendees at an ASFONA meeting relating to factors of competition, an inference may be raised that such a discussion among competitors is for the purpose of agreeing upon a common course of business conduct.
Specifically among the subjects that members should not ever discuss with competitors are room rates, surcharges, terms and prices of service, allocating or sharing of customers and refusing to deal with a particular supplier or class of suppliers. Such discussions can lead to agreements and agreements among or between competitors regarding any of these subjects are per se violations of the antitrust laws and can lead to severe criminal and civil penalties.
It is essential that all necessary steps be taken by ASFONA Board Members, Honorary Board Members, officers and members to prevent any ASFONA meeting from becoming a forum for those types of discussions which might lead to an understanding or agreement, expressed or implied, with respect to any essential element of competition.
The agendas for all ASFONA meetings will be prepared and reviewed to ensure that the subject matter does not contain topics that would lead to any form of discussion in violation of antitrust laws.
The ASFONA Anti-Trust Laws Statement has been modeled on the Anti-Trust Statement of the AH&LA — American Hotel & Lodging Association.