Florida Restaurant and Lodging Association (FRLA) Anti-trust statement
ANTITRUST LAWS AND THEIR APPLICATION TO FRLA MEMBER ACTIVITIES
As important contributors to your local economy and to the economy of the state, it is critical that you have the ability to come together as FRLA members and discuss common areas of interest regarding Florida’s food service and lodging, hospitality, and tourism industries (sic). At the same time, however, it must be remembered that FRLA members are also competitors. Under federal and state antitrust laws, competitors are permitted to engage in cooperative behavior, under trade association auspices or otherwise, as long as these actions do not reduce competition among themselves or help their suppliers or customers to reduce competition.
In coming together as a trade association, FRLA members must avoid taking any collective action, or giving the appearance of taking any collective action, that would eliminate, restrict, or seek to control competition. If FRLA members engage in any discussions at FRLA meetings relating to significant factors of competition, it could be inferred that such a discussion among competitors is for the purpose of agreeing upon a common course of business conduct.
With this in mind, FRLA cautions all of its members that the following topics are not proper subjects for consideration or discussion at any meeting of FRLA members, officers, directors, whether formal or informal:
(a) Raising, lowering, or fixing the prices at which they will buy or sell goods or services;
(b) Dividing geographic markets, services offered, or customers served; or
(c) Group boycotts of a particular supplier of goods or services or a class of suppliers.
From the discussion of such topics, agreements among competitors may arise or be inferred, exposing participants to severe criminal and civil penalties under state and federal antitrust laws.
FRLA members, officers, and directors must be vigilant in preventing any meeting of FRLA members from becoming a forum for the discussion of the above topics. All agendas for sanctioned FRLA meetings are prepared and reviewed in light of the foregoing, and members should be mindful not to stray from the agenda prepared for such meetings.
THE FOLLOWING STATEMENT SHOULD BE READ ALOUD AT THE COMMENCEMENT OF ANY MEETING OF FRLA MEMBERS:
FRLA members are reminded that they should not enter into discussions with each other regarding the following:
(a) Raising, lowering, or fixing the prices at which they will buy or sell goods or services;
(b) Dividing geographic markets, services offered, or customers served; or
(c) Group boycotts of a particular supplier of goods or services or a class of suppliers.
A more detailed explanation of the effect of antitrust laws on the activities of FRLA members is available for your inspection and review.
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