Document v6ja3ZZprb4dwVn8V30RpGmzY

agenda LEGAL COMMITTEE 1. Approval of Minutes: January 27, 1987 2. Dupont Plaza Puerto Rico Hotel 3. "Stingray" - January 23, 1987 Episode A. Other Regulatory Matters: A. FDA - Status of Final Proposal on PVC Packaging; Meeting with Agency; Filing of Additional Comments 5. Old Business: A. New York State Toxicity Regulation B. New York Toxic Tort Reform 6. Litigation Matters 7. New Business 8. Reports on Liaison with Other VI Committees. 9. Next Meeting Date. 10. Adjournment Group R. Luss P. de la Cruz R. Gottesman CTL016698 The Vinyl Institute, A Division of The Society of the Plastics Industry, Inc. Wayne Interchange Plaza II, 155 Route 46 West, Wayne, New Jersey 07470, (201) 890-9299 Antitrust Reminder GrcuD act'v ties of competitors are inherently susoect under the antitrust laws Many agreements among comcetnors nowever are Doth legal and Beneficial to tne mdustry The oest vehicle for enjoying the benefits cf permitted agreements among competitors while avoiding the pitfalls of illegal agreements is by belonging to a trade association like SPI which takes its ODligations in this regard very seriously All SPI staff members are weli versed in antitrust matters and the association relies heavily on their judgment to see that topics which may give an appearance of an agreement that would violate the antitrust laws are not discussed at SPI meetings The fact that an SP! staff member is present at a meeting, however, should not invite probing to determine how far a discussion can proceed before it becomes apparent that it is improper and is cut off It is the responsibility of eacn member in the first instance to avoid raising improper subjects for discussion. This reminder has been prepared to assure that participants in SPI meetings are aware of this obligation. The Dos and Don'ts presented below highlight only the most basic antitrust principles Each participant in an SPI meeting should be thoroughly familiar with the SPI Bulletin, "The Antitrust Laws and You--A Guide and Introduction to an Understanding of the Federal Antitrust Laws," and should consult counsel in all cases invo'vmg specific situations, interpretations, or advice. DON'T 1. Do not, in fact or appearance, discuss or exchange information regarding (a) Individual company prices price changes, price differentials, mark-ups. discounts, allow ances, credit terms etc., or data that bear on price e.g.. costs, production, capacity, inventories, sales, etc (b) Industry pricing policies, price levels, price changes, differentials, etc (c) Changes in industry production, capacity or inventories. (d) Bids on contracts for particular products; procedures for responding to bid invitations. (e) Plans of individual companies concerning the design, production, distribution or marketing of particular products, including proposed territories or customers. (f) Matters relating to actual or potential individual suppliers that might have the effect of excluding them from any market or of influencing the business conduct of firms toward such suppliers or customers 2. Do not discuss or exchange information regarding the above matters during social gatherings incidental to SPI-sponsored meetings, even m jest 3. Do not meet without SPI staff or counsel present DO 1. Adhere to prepared agendas for all SPI meetings and object any time meeting minutes do not accurately reflect the matters which transpired 2. Understand the purposes and authority of each SPI group in which you participate. 3. Consult with the SPI General Counsel and your company counsel on all antitrust questions relating to SPI meetings. 4. Protest against any discussions or meeting activities which appear to violate the antitrust laws; disassociate yourself from anv such discussions or activities and leave any meeting in which they continue. CTL016699