Antitrust Guidelines

The purposes of the Material Handling Equipment Distributors Association (MHEDA) are to foster, promote, improve, further and enhance the material handling equipment distribution industry and to do all such lawful acts and things necessary to further the best interests of the industry.

Guidelines for MHEDA Meetings

MHEDA recognizes the need to be constantly vigilant to assure full compliance in all respects with the antitrust laws and in furtherance thereof hereby endorses the basic principles contained in this guide for members and staff of the association.

MHEDA unequivocally supports the policy of competition served by the antitrust laws and reaffirms its uncompromising intent to comply strictly in all respects with those laws. It is the responsibility of every MHEDA member and staff person to be guided by its policy of strict compliance with the antitrust laws.

Topics to Avoid During Discussion

  • Prices, range of prices, pricing methods, profit margins, possible changes in prices, pricing stabilization, cash discounts and credit terms.
  • Pricing practices of any industry member.
  • Forecasts of price increases or decreases.
  • Bids, or intent to bid or not bid on a contract.
  • Allocation of a customer or class of customers or dividing up geographic territories.
  • Refusal to buy from, or to sell to, one or more companies.
  • Preventing any person from gaining access to a market or to a customer.
  • Preventing or boycotting any person from obtaining a supply of goods or services freely in the marketplace.
  • In general, any discussions or actions which would tend to restrict competition between members or competitors, within the industry generally.

If any of the above topics come up, and the meeting chairperson is not sure whether it is legally appropriate, the topic should be tabled until the next meeting and the chair should confer with MHEDA staff and MHEDA legal counsel for guidance.

At any MHEDA meeting or event, all members and staff are expected to observe the same standards of conduct required by these guidelines even during informal or social discussions.

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Gene Marks

CPA, National Business Columnist, Author & Speaker

Gene Marks is a past columnist for both The New York Times and The Washington Post. Gene now writes regularly for The Hill, The Philadelphia Inquirer, Forbes, Entrepreneur, The Washington Times, and The Guardian. Gene is a best-selling author and has written 5 books on business management. Gene appears on Fox Business, MSNBC, as well as CBS Eye on the World with John Batchelor and SiriusXM’s Wharton Business Channel where he talks about the financial, economic and technology issues that affect business leaders today. Gene helps business owners, executives and managers understand the political, economic and technological trends that will affect their companies and provides actionable insights.

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