Antitrust Guidelines

Antitrust Guidelines #

Source: OASIS Antitrust Guidelines. Approved February 8, 2008.

Overview #

OASIS is a standards development organization, not a competitive forum. As staff, you work at the intersection of competing organizations and industry players who collaborate on shared standards. That context creates antitrust risk that every staff member must understand and take seriously. Violations can result in criminal prosecution and civil penalties — for OASIS and for you personally.

What This Means for Staff #

OASIS does not — and may not — play any role in the competitive decisions of its members. Staff must never facilitate, encourage, or participate in discussions that touch on competitive behavior among member organizations.

The following topics are strictly off-limits in any OASIS context, including Technical Committee meetings, working sessions, social events, and informal conversations involving members:

  • Product pricing
  • Distribution methods or channels
  • Market division or territory allocation
  • Customer or supplier allocation
  • Any other topic that would be inappropriate for competitors to discuss

If a conversation in a meeting or working session begins to drift toward any of these areas, staff should intervene immediately to redirect or shut down the discussion, and document the incident.

Member Responsibilities #

Each member organization retains the right to independently design, develop, manufacture, acquire, and market its own competitive products and services. Staff facilitate collaboration on standards; they do not participate in or enable member competitive coordination.

Members are individually responsible for obtaining their own legal counsel regarding antitrust compliance in the context of their OASIS participation. Staff should direct any member questions about antitrust compliance to legal counsel rather than providing guidance themselves.

When in Doubt #

If you are unsure whether a discussion or activity raises antitrust concerns, stop and consult with the (Interim) ED or legal counsel before proceeding. Antitrust exposure is not a risk to take chances with.