Federal and state antitrust laws are intended to promote the competition and to protect the public and businesses from exclusionary or predatory trade practices. These laws generally prohibit agreements between competitors fixing prices or allocating customers. While the government recognizes that trade associations exist to serve legitimate common needs of their members, antitrust enforcement agencies insist that trade association meetings and activities not be used as a means for competitors to engage in anti-competitive behavior which violates the antitrust laws.
Statement of Policy
It is the policy of The Ohio Association of Broadcasters, Inc. (“OAB”) to comply with the spirit and letter of antitrust and unfair competition laws, and the activities of the OAB, its Board of Directors, officers employees, members and agents, shall at all times be conducted in a manner that does not violate the antitrust laws.
All OAB meetings and activities, formal and informal, shall avoid the discussion or exchange of information regarding:
- Prices/rates or competitors’ prices/rates
- Quantity, placement or format of commercial time
- Allocation of sales territories or customers
Matters regarding actual or potential advertisers that might have the effect of excluding them from a market or influencing the conduct of stations toward such advertisers
Refusal to deal with or boycott particular entities or do business with them only on specified terms
The collection and distribution of statistical information by the OAB shall be conducted in a manner that does not facilitate unlawful anti-competitive behavior among its members. All such programs should be reviewed by OAB legal counsel prior to implementation.
Compliance with Antitrust Policy
The OAB shall publish this policy on its website and take other steps as appropriate to inform its members, directors, employees and others participating in OAB meetings and activities of this policy.
Any person who believes that the antitrust laws or this policy have been violated in the course of OAB activities should promptly report the matter to the OAB President. An OAB member, director, officer or employee determined by the OAB Board of Directors to have violated this policy may be expelled or terminated.
Questions regarding the interpretation and application of this policy should be directed to OAB legal counsel.