Pennsylvania Apartment Association Antitrust Compliance Statement

Pennsylvania Apartment Association Antitrust Compliance Statement

The Pennsylvania Apartment Association (“PAA”) is a 501c-6 non-profit trade association. The members of PAA include competitors, suppliers, and customers within the multifamily industry.  Our nation’s antitrust laws are the rules under which the US competitive system operates. It is PAA’s policy to comply, in all respects, with federal and state antitrust laws.

Association meetings, conferences, webinars, and other gatherings, by their very nature bring competitors or potential competitors together. It is expected that all member and staff representatives involved in PAA activities, as well as PAA consultants, non-members, and other participants and guests, will be sensitive to legal issues and requirements, and act in compliance with all applicable antitrust and competition laws, at PAA meetings, events, or other gatherings, whether they are formal or informal. 

Accordingly, it is necessary to avoid discussions of sensitive topics that can create antitrust concerns. Any agreements to fix prices (including elements of prices such as allowances and credit terms), to restrict capacity or output, to allocate markets (including dividing geographies, products, services, or customers), to engage in group boycotts (including refusing to deal with a third party or excluding a competitor, supplier, or customer), to rig bids, to fix employee wages, or to agree to not hire one another’s employees are examples of per se violations of the antitrust laws, however, this list is not exhaustive. 

Any agreement or discussion relating to any of these topics is strictly prohibited. Competitors should not discuss sensitive competitive matters, including but not limited to prices, bids, quotes, competitive business plans or strategies, wages, hiring strategies, or negotiations with suppliers or customers. 

To be clear, an antitrust violation does not require proof of a formal written agreement. Courts can infer the existence of an unlawful agreement from circumstantial evidence.  Many other types of conduct and circumstances can also tend to show the existence of such an agreement. As a result, those attending an association-sponsored meetings, events, or other gatherings should remember the importance of avoiding not only unlawful activities, but even the appearance of unlawful activity.

Allegations of wrongdoing can pose financial and reputational risk, and violations of the antitrust laws and can have serious consequences for PAA, individual companies, and their employees.   For these reasons, PAA has a zero-tolerance policy for all behavior that is in violation of antitrust laws.

By participating in PAA activities, you agree to comply with all applicable antitrust and competition laws. If you observe any conduct occurring at PAA meetings, events, or other gatherings (whether formal or informal) that potentially violates the antitrust laws, leave that meeting, event, or other gathering where improper subjects are being discussed and tell attendees why you are leaving.  Please also promptly inform PAA’s leadership, members of PAA’s Executive Board, or PAA staff of any antitrust concerns or issues you may have.

Examples of guidelines to follow include but are not limited to:

· Do not agree with competitors as to uniform terms of sale, warranties or contract provisions. 

· Do not discuss actions that are intended to discourage competition or innovation among PAA members. 

· Do not agree with competitors to divide up or allocate customers, markets or territories. 

· Do not agree with competitors not to deal with certain suppliers or others. 

· Do not try to prevent a supplier from selling to your competitor(s). 

· Do not discuss your customers with your competitors. 

· Do not resolve problems particular to a single PAA member or a small, select group of members with the intent of diminishing competition. 

· Do not coerce PAA members to implement programs or policies. 

· Do have meeting agendas circulated in advance and subsequent meeting summaries that reflect the actions taken at a meeting. 

· Do ensure that only PAA staff and the duly elected chairperson send written correspondence on behalf of PAA and that PAA officers, directors, committee members, or other members do not hold themselves out as speaking or acting with the authority of PAA when they do not have such authority.