Antitrust Compliance

ACAP’s policy is to comply fully and strictly with Federal and state antitrust laws.

ACAP’s policy is motivated by a firm respect and belief in the antitrust laws and the free market philosophy underlying these laws as well as by recognition of the potentially severe detrimental consequences of antitrust violations. Our aim is to conduct ourselves in such a way as to avoid any potential for antitrust exposure in the first instance.

Full compliance with the antitrust laws is a requirement for ACAP membership, and responsibility for compliance rests with each member.

To comply with the antitrust laws, competitors should not discuss certain subjects when they are together—either at formal association meetings or in informal contacts with other industry members. Topics to avoid discussing with competitors include prices, price trends, timing of price changes, costs of common inputs, margins, discounts and rebates, strategic plans, and the like. Further, with rare exceptions that should be made only upon the advice of counsel, members are prohibited from:

• Fixing or setting prices for selling products or services, including the prices health plans pay for health care providers’ services;
• Allocating geographic markets or customers between or among competitors;
• Bid rigging, bid rotation, or otherwise distorting the bid process;
• Boycotting certain providers or suppliers;
• Conspiring to exclude competitors from the market; and
• Discussing company-specific R&D, sales or marketing plans, or any company’s confidential product, development, or production strategies.

Association meeting participants have an obligation to terminate any discussion, seek legal counsel’s advice, or, if necessary, terminate any meeting if the discussion might be construed to raise any antitrust risks.