Antitrust Compliance Statement of Policy
The ISPOR—The Professional Society for Health Economics and Outcomes Research (also known as the International Society for Pharmacoeconomics and Outcomes Research and referred to in this notice as “ISPOR,” “we,” “our,” or “us”), policy is to comply fully and strictly with both United States federal and state antitrust laws, and other applicable international antitrust laws and regulations. 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 in the first instance. Full compliance with the antitrust laws is a requirement for ISPOR 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, promotional programs, inventory levels, production levels, capacities, new projects, and the like. Further, ISPOR and its members are prohibited from collectively:
- Fixing or setting prices for selling products or services;
- Allocating geographic markets or customers between or among competitors;
- Bid rigging, bid rotation, or otherwise distorting the bid process;
- Boycotting customers, suppliers or vendors;
- Agreeing upon levels of production or output;
- Conspiring to exclude competitors or customers from the market; and
- Discussing specific R&D, sales or marketing plans, or any company’s confidential product, development, or production strategies.
Participants in ISPOR 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 ISPOR meetings and activities are held for the purpose of transacting the appropriate business of the Association and to further ISPOR’s goals. All meetings and activities of ISPOR must be conducted in a manner consistent with this policy.