The Professional Insurance Marketing Association’s (“PIMA”) policy is to comply fully and strictly with both federal and state antitrust laws. This policy is motivated by a firm respect and belief in the antitrust laws and the recognition of the potentially severe detrimental consequences of antitrust violations. Broadly stated, the basic objective of the antitrust laws is
to preserve and promote competition. These laws are premised on the assumption that private enterprise and free competition are the most efficient ways to allocate resources, produce goods at the lowest possible price, and assure the production of high quality products.
Our aim is to conduct ourselves in such a way as to avoid any potential for antitrust exposure. Full compliance with the antitrust laws is a requirement for PIMA membership, and responsibility for compliance rests with each member. To comply with the antitrust laws, members should not discuss certain subjects when they are together — either at formal meetings or in informal contacts with other industry members. Topics to avoid discussing with competitors include: proprietary prices, price trends, timing of price changes, costs of common inputs, margins, terms of sale, discounts and rebates, advertised prices, specific promotional programs or incentives, and the like (information that is not publicly available). Further, PIMA and its members are prohibited from collectively:
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Fixing or setting prices for selling products or services;
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Allocating geographic markets or customers between or among competitors;
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Bid rigging, bid rotation, or otherwise distorting the bid process;
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Boycotting customers, suppliers or vendors;
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Agreeing upon levels of output;
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Conspiring to exclude competitors or customers from the market; and
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Discussing specific R&D, sales or marketing plans, or any company’s confidential product, development, or production strategies.
Participants in PIMA meetings 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 antitrust risks. All PIMA meetings and activities are held for the purpose of transacting the appropriate business of PIMA and to further its goals and must be conducted in a manner consistent with this policy.
Revised Policy approved by PIMA Board May 18, 2017