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Asphalt Pavement Alliance (APA) Antitrust Policy. It is the strict policy of the APA in all its meetings and activities to adhere to the objectives of the organization and to permit no deviations therefrom. This policy is essential to avoid charges of conduct contrary to the antitrust laws.


A.    The objectives of the APA are to advance, in all lawful ways, the efficient, effective, safe, and environmentally protective use of asphalt through engineering, research, education and communications. The APA is not intended to, and may not, play any role in competitive decisions of its members, nor in any way restrict competition among participants in any industry.


B.    The APA shall not discuss, consider or debate asphalt prices, associated material or equipment prices, pricing practices, production costs, production targets, market division, exclusion of competitors, or any other subject prohibited by the antitrust laws.


       1. Neither the APA nor any committee, team or activity of the APA shall be used for the purpose of bringing about or attempting to bring about any understanding or agreement, written or oral, formal or informal, express or implied, among competitors with regard to prices, terms or conditions of sale, distribution, volume of production, territories or customers.


       2. No APA activity or communication shall include discussion for any purpose or in any fashion of pricing methods, production quotas, or other limitations on the timing, costs, volume, production, terms of sale, or allocation of territories or customers.


       3. No APA activity or communication shall include any discussion which might be construed as an attempt to prevent any person or business entity from gaining access to any market or customer for goods or services, or to prevent any business entity from obtaining a supply of goods, or otherwise purchasing goods or services freely in the market. No Alliance activity or communication shall include any attempt to prevent any vendor from participating in any trade show, conference or exhibition on reasonably equitable terms with other participants.


       4. No APA activity or communication shall include any discussion which might be construed as an agreement or an understanding to refrain from purchasing any raw materials, equipment, services or other supplies from any supplier.


       5. In conducting meetings, the APA co-chairs shall prepare and follow a formal agenda. Minutes of the meeting shall be distributed to all members participating therein. A copy of the minutes shall be transmitted to the APA partners (AI, NAPA, and SAPA) offices, directed to the attention of the President/Chairman of each organization.


       6. In informal discussions at the site of an APA meeting, but beyond the control of the APA co-chairs, all APA members are expected to observe the same standards of personal conduct as are required of the APA in its compliance with this antitrust policy.


C.    If there are any violations of this policy, the offending member will be ruled out of order immediately, and a record minute will be made to that effect. In addition, the APA Steering Committee may take such other corrective or remedial action as it deems appropriate, including without limitation removal from office or expulsion from membership.

 
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