Chilean Salmon Marketing Council
Antitrust Compliance Policy
- The Chilean Salmon Marketing Council, Inc. (“CSMC” or the “Company“) requires compliance with all applicable laws including the antitrust laws.
- The antitrust laws prohibit restraining competition by means of collusion, coercion or abuse of economic power.
- Governmental authorities, both foreign and domestic, can impose substantial fines and penalties on persons and entities that violate the antitrust laws. In some case private parties can also bring actions against persons and entities for violations of the antitrust laws, and also recover monetary judgements.
- The standards of conduct contained in this policy require compliance with both United States and applicable foreign antitrust laws and the standards should be followed by all Company Representatives, both inside and outside the United States. Company Representatives who become aware of questionable conduct should notify Company counsel of such conduct.
- The Company requires strict compliance with applicable antitrust laws and requires all shareholders, directors, officers, employees, representatives and agents (collectively, “Representatives“) to comply with the policies set forth herein and report conduct or actions that violate this policy or could violate applicable antitrust laws to Company legal counsel. Intentional violations of this Policy or antitrust laws will be grounds for disciplinary action and could lead to dismissal.
- EACH REPRESENTATIVE IS PROHIBITED FROM ENTERING INTO ANY AGREEMENT, EXPRESS OR IMPLIED, WITH A CUSTOMER or COMPETITOR INCLUDING TACIT UNDERSTANDINGS AND “OFF THE RECORD” CONVERSATIONS CONCERNING PRESENT OR FUTURE PRICING, BIDS, DISCOUNTS, REBATES, PROMOTIONS, OR ANY OTHER TERMS OR CONDITIONS OF SALE THAT CONSTITUTE VIOLATIONS OF THE ANTITRUST LAWS.IT IS AGAINST COMPANY POLICY TO DICTATE OR CONTROL A CUSTOMER’S RESALE PRICES OR PRACTICES OR OTHERWISE RESTRICT A CUSTOMER’S RESALE ACTIVITIES. IT IS AGAINST COMPANY POLICY TO REQUIRE A CUSTOMER TO PURCHASE ONE PRODUCT AS A CONDITION TO SELLING ANOTHER PRODUCT. IT IS AGAINST COMPANY POLICY TO CONDITION COMPANY PURCHASES FROM A CUSTOMER ON RECIPROCAL PURCHASES FROM THAT CUSTOMER. IT IS AGAINST COMPANY POLICY TO AGREE WITH A CUSTOMER TO REFUSE TO DEAL WITH A THIRD PARTY.COMPANY REPRESENTATIVES ARE PROHIBITED FROM OFFERING A CUSTOMER PRICES OR TERMS MORE FAVORABLE THAN THOSE OFFERED TO COMPETING CUSTOMERS WITHOUT FIRST CONSULTING WITH THE LEGAL DEPARTMENT TO ENSURE THAT SUCH DISCRIMINATORY PRICING IS LEGAL.
- Careless or inappropriate communications can lead to violations of the antitrust laws and impair the Company’s position in corresponding investigations or legal proceedings. All Representatives should use care to insure that communications on behalf of the Company are not misleading.
- Each Representative should use good judgement and thoughtfulness before making statements, whether written or verbal, regarding the business and operations of the Company and not use exaggerations or speculate when discussing competition, competitors, pricing or comparing customers or their products.
This Policy contains general guidelines for how Representatives should act, and does not proscribe all possible conduct that could violate antitrust laws. When questions arise as to whether certain communications, business terms, actions or conduct could violate antitrust law, each Representative is required to seek the advice of the Company’s legal counsel.