NBSRA Antitrust Statement
*The NBSRA has adopted the following Antitrust Statement as an initial draft and are subject to amendments and additions.
Through its seminars, publications, Committee meetings, and other activities, the National Barn and Storage Rental Association (NBSRA) brings together representatives of competitors throughout the industry. While the subject matter of Association activities is normally technical or educational in nature, the Board of Directors nevertheless recognizes the remote possibility that the Association and its activities can be abused either accidentally or intentionally by members seeking an opportunity for control or a competitive advantage in the market. No effort or intent to restrain competition or violate our laws can or should be tolerated. The Board, through this statement of policy, expresses its unequivocal support for the policy of competition served by the federal antitrust laws and uncompromising intent as an Association to comply strictly in all respects with those laws governing competitive activities.
It is the intention of the that all of its Members become aware of and follow the applicable federal anti-trust laws. Additionally, all activities conducted by the NBSRA, its Committees, and Members should conform and comply with the applicable laws. Any violation of this statement is grounds for immediate expulsion from membership in NBSRA.
Specifically, the NBSRA adopts the following guidelines:
• Any discussions or activities undertaken by the NBSRA or its Members, that could be considered to restrain trade or act as a barrier to free and open competition will be avoided.
• Meetings shall be structured to minimize antitrust risk. There will be proper advance notification of all meetings, agendas for each meeting will be provided in advance to all Members, proper rules of procedure will be followed at all meetings, and accurate minutes of board meetings will be kept by the appropriate NBSRA officer. Strict adherence to the items listed on the agreed agendas will be required at all meetings.
• Members must take special care to avoid making statements or engaging in conduct prohibited by applicable antitrust laws or this policy. Should Members have any doubt concerning the propriety of any matters under discussion at such meetings, they must immediately disassociate themselves from the discussion and, if necessary, leave the meeting. Any individual who becomes aware of activity that could give rise to an allegation of a violation of an antitrust law should report such activity to the Executive Director.
• Antitrust laws make it a violation to agree not to compete. Members should never discuss any subject (either before, during or after the meeting) on which competitors cannot legally agree. This includes discussion of prices, or operations which might influence prices such as (a) costs of operations, supplies, services; (b) allowances or discounts (c) terms of sales, including warranty arrangements, (d) profit margins and mark ups and expansion.
• Antitrust laws prohibit boycotts of competitors in the industry, including discussions regarding “blacklisting” of particular companies. There should never be any discussions regarding attempts to prevent any business from gaining access to any market, or to prevent any business from purchasing goods freely in the market.
• Responsibility for compliance rests with every member of NBSRA along with any invited guest(s) or participants(s).
These guidelines apply to any Director, any officer, any member of a task group, and any individual participating in a meeting or taking other action on behalf of a Member.
All NBSRA Board members have agreed to read the FTC’s “Guide to Antitrust Laws” which is available online for training and compliance:
All NBSRA members are encouraged to read the FTC guide to help ensure compliance of this policy and the federal antitrust laws.