Issue link: http://psai.uberflip.com/i/1084319
69 2019 INDUSTRY RESOURCE DIRECTORY In addition to these federal statutes, most US states and provinces/territories within other nations have antitrust laws that are enforced by state attorneys general, local magistrates, or private plaintiffs. Many of these statutes are based on the federal antitrust laws of the nation. Members should also be sure to check these guidelines and to seek the advice of legal counsel. Violations of Antitrust Laws. The PSAI is not in a position to give legal advice. When in doubt, it is best to say and do nothing until you speak with your attorney. Here is some general guidance for portable sanitation company owners, suppliers, and personnel: • Monopolies and competitive behavior. It is not illegal for a company to have a monopoly, to charge "high prices," or to try to achieve a monopoly position by what might be viewed by some people as aggressive methods, such as very low prices. The law is violated only if the company tries to maintain or acquire a monopoly through "unreasonable methods." For the courts, a key factor in determining what is unreasonable is whether the practice has a legitimate business justification beyond harming the competition. • Supplier relationships. The above antitrust laws also affect a variety of "vertical" relationships—those involving firms at different levels of the supply chain—such as manufacturer-dealer or supplier-manufacturer. In general, the law views most vertical arrangements as beneficial overall because they reduce costs and promote efficient distribution of products. However, a vertical arrangement may violate the antitrust laws if it reduces competition among firms at the same level (say among distributors) or prevents new firms from entering the market. • Pricing. It is almost always ill-advised to talk about pricing among competitors. Whether intended or not, this can signal that companies are colluding in a manner that results in customers paying higher prices or harms the competitive environment. Be especially cautious about your behavior in this regard in open settings, or whenever a permanent record can be created (e.g., written documents, social media posts). • Allocating markets. If you and a competitor have a "gentleman's agreement" about how you serve your community, be aware this could potentially violate antitrust laws. In general, it is one thing to have an unspoken understanding, and quite another to formalize it or retaliate if a competitor does not honor it. • Boycotts. If you are upset with a supplier, tell the supplier. If that doesn't get you the results you want, talk with your attorney. Be careful about who else you tell—especially other customers or competitors—and how you tell them about your bad experience. Likewise, if you aren't thrilled that a new supplier is entering the market, don't buy from them—but avoid telling others what they should do with respect to that new market entrant. Any activity that appears to be an organized or colluded boycott could be illegal. Antitrust Laws and Restraint of Trade Better worksites. Better weekends. Better world. EXCLUSIVE MEMBERS-ONLY CONTENT REDACTED Join us now at www.psai.org for access to this valuable information.