Approved February 1986, ARRA 10th Annual Meeting
The Asphalt Recycling and Reclaiming Association, Inc., (ARRA), is a trade association of members of the asphalt recycling industry which was incorporated in 1976 under the non-profit corporation law of the state of California. It is organized to promote the common interests of its members and of the members of the asphalt recycling industry when such interests do not conflict with the common good. ARRA is not intended to become involved, and will not become involved, in the competitive business decisions of its member companies, nor will it take any action which would tend to restrain competition in the asphalt recycling industry.
Nevertheless, it is recognized by the Board of Directors of ARRA that the Association and its varied activities could be regarded by some as a forum or opportunity to promote anti-competitive conduct. For this reason, the Board of Directors has taken this occasion, through this statement of policy, to make clear its unequivocal support for the policy of competition served by the anti-trust laws as well as its uncompromising intent to comply strictly in all respects with those laws.
In addition to the Association's firm commitment to the principle of competition served by the anti-trust laws, the penalties which may be imposed upon both the Association and its individual and corporate members involved in any violation of such laws, are now so severe that good business judgment demands that every effort be made to avoid any such violation. Certain violations of the Sherman Act, such as price-fixing, are felony crimes for which individuals may now be imprisoned for up to three (3) years or fined up to $100,000 or both, and corporations can be fined up to $1,000,000 for each offense. In addition, treble damage claims by private parties (including class actions) for anti-trust violations are extremely expensive to litigate and can result in judgments of a magnitude which could destroy the Association and seriously affect the financial interests of its individual members.
It shall be the responsibility of every member of ARRA to be guided by ARRA`s policy of strict compliance with the anti-trust laws in all ARRA activities. It shall be the special responsibility of Association officers, committee chairmen, and directors to ensure that this policy is known and adhered to in the course of activities pursued under their leadership.
To assist the ARRA staff and all its officers, directors, committee chairmen, and conference officers in recognizing situations which may raise the appearance of an anti-trust problem, the Board will, as a matter of policy, furnish to each of such persons copies of the Association's General Rules of Anti-Trust Compliance. The Association will also make available general legal advice when questions arise as to the manner in which the anti-trust laws may apply to the activities of ARRA or to any committee or conference thereof.
Anti-trust compliance is the responsibility of every ARRA member. Any violation of the ARRA General Rules of Anti-Trust Compliance or of this general policy will result in the immediate suspension from membership in the Association, and immediate removal from any Association office held by any official representative violating the same.
GENERAL RULES OF ANTI-TRUST COMPLIANCE
The following rules are applicable to all ARRA activities and must be observed in all situations and under all circumstances, without exception or qualification other than as noted below: