ANTITRUST COMPLIANCE CHECKLIST
The following checklist outlines several basic practices intended to minimize the chance that those participating in AllSeen Alliance activities will violate applicable antitrust and competition laws. This Checklist should be read in conjunction with the AllSeen Alliance Antitrust Policy, and is to be used by all persons conducting in-person, telephonic, or Web-based meetings, and by all those responsible for maintaining listserv discussions.
1. Always conduct AllSeen Alliance activities as if they were in the public view. Avoid even the appearance of impropriety.
2. Do not allow participants to discuss (even in jest) or exchange information that is prohibited by the Antitrust Policy.
3. Always prepare an agenda for every meeting, and then conduct that meeting in accordance with the agenda.
4. Promptly prepare, or assign someone to prepare, meeting minutes following each meeting so that those participating at the meeting may provide comments and ensure that the minutes are accurate and complete. Always provide copies of minutes to Mike Dolan before posting them for review for determination of whether they should be reviewed by legal counsel prior to posting for comments.
5. At the beginning of each in-person, telephonic and Web-based meeting, the following statement must be read or displayed:
AllSeen Alliance meetings involve participation by industry competitors, and it is the intention of AllSeen Alliance to conduct all of its activities in accordance with applicable antitrust and competition laws. It is therefore extremely important that attendees adhere to meeting agendas, and be aware of and not participate in any activities that are prohibited under applicable US state, federal or foreign antitrust and competition laws.
Examples of types of actions that are prohibited at AllSeen Alliance meetings and in connection with AllSeen Alliance activities are described in the AllSeen Alliance Antitrust Policy. If you have questions about these matters, please contact your company counsel, or if you are a member of AllSeen Alliance, feel free to contact Lee Gesmer or Andrew Updegrove, of the firm of Gesmer Updegrove LLP, which provides legal counsel to AllSeen Alliance.
6. If at any time during the conduct of a meeting you believe that any participant has brought up a topic or is sharing information that is not permitted under the Antitrust Policy, it is your responsibility to interrupt and remind the speaker that such behavior is not permitted. If the speaker persists, you must ask the speaker to leave the meeting. You must also report the incident to Mike Dolan, Andy Updegrove or the Executive Director, if and when there is one.
7. While you are expected to thoroughly understand the Antitrust Policy and this checklist, you are not expected to be a legal expert. When in doubt, contact Mike Dolan, Andy Updegrove or the Executive Director, who can pass your question on to, or put you in touch with AllSeen Alliance legal counsel.