The National Pest Management Association ("NPMA") is a non-profit corporation consisting of active, allied, associate, international, affiliate, honorary and life members. The objective of NPMA is to support its members in being professional, knowledgeable, and profitable through education, industry leadership, public policy initiatives, and market development resources.
Through its committee, board meetings, and other activities, NPMA brings together representatives of competitors in many areas. Although the principal activities of NPMA and its committees are to support its members in being professional, knowledgeable, and profitable through education, industry leadership, public policy initiatives, and market development resources, with no intent to restrain competition in any manner, NPMA nevertheless recognizes the possibility that NPMA and its activities are subject to the antitrust laws. For this reason, the Board of Directors seek to emphasize, through this Antitrust Policy Statement (the “Statement”), its unequivocal support for the policy of competition served by the antitrust laws and NPMA's uncompromising intent to comply strictly in all respects with these laws.
In addition to NPMA's firm commitment to the principle of competition served by the antitrust laws, the penalties which may be imposed upon both NPMA and its individual and corporate members involved in any violation of the antitrust laws are so severe that good business judgment demands that every effort be made to avoid any such violation. Criminal violations of the Sherman Act, such as price-fixing, are felonies for which individuals may be imprisoned for up to three (3) years, fined up to $350,000 or both.Â Additionally, under the Sherman Act corporations are also subject to criminal charges that may result in fines up to $10,000,000 for each offense. Finally, the Clayton Act authorizes the recovery of treble damages by private parties (including class actions) for anti-trust violations. Such treble damage claims are extremely expensive to litigate and can result in judgments of a magnitude which could destroy NPMA and seriously affect the financial interest of its members.
It shall be the responsibility of every member of NPMA to be guided by NPMA's policy of strict compliance with the antitrust laws in all NPMA activities. It shall be the special responsibility of committee chairpersons and NPMA officers to insure that this policy is known and adhered to in the course of activities pursued under their leadership.
To assist NPMA officers, directors, and committee chairpersons in recognizing situations which may present antitrust issues, the Board will as a matter of policy furnish each such person this Policy Statement and NPMA's General Rules of Antitrust Compliance. The Rules of Antitrust Compliance are addressed primarily to activities of NPMA and its members that impact the business of individual member firms. Such activities are subject to strict antitrust scrutiny and pose a substantial risk of legal liability. On the other hand, where NPMA and its members conduct activities that are related to the purposes of NPMA and not the interests of individual member firms, these activities are less suspect under the antitrust laws. The determination of whether NPMA activities create antitrust risks, however, requires detailed legal analysis. Should questions arise as to the manner in which the antitrust laws may apply to the activities of NPMA or any committee thereof, such questions shall be directed to NPMA's Chairperson or President.
Antitrust compliance is the responsibility of every NPMA member. Any knowing violation by a NPMA member of NPMA’s General Rules of Antitrust Compliance or this Statement will result in that person's immediate suspension from membership in NPMA and removal from any NPMA office held. If any individual NPMA member believes that the topic of discussion during a NPMA meeting raises antitrust concerns, the member should immediately state that concern and either insist that the discussion be discontinued until advice of Legal Counsel is provided or, leave the room.