Frequently Asked Questions
A few questions have been asked about the upcoming NSSGA Antitrust Webcast being held December 15th at 1:00 pm ET.
If you are interested in registering for this event, please visit www.nssga.org and visit the link to the antitrust webcast.
Q: Is this the same content as two years ago?
A: Yes. The laws don’t change very much over time, but the examples that Mr. Knebel uses do change. Everyone who attends will learn about risks or be refreshed on this critical information.
Q: If I’ve seen this before, do I need to see it again?
A: The value in attending is two-fold. One is that you and your employees will be reminded about the potential threats you face. Two, you’ll demonstrate that your company is aggressive about training people to avoid violations, if that’s ever needed.
Q: Who should I have attending this event?
A: Too often people think that only sales people can be held in violation of antitrust regulations. Actually, anyone in your company who deals with customers, attends trade events, meets with competitors, or negotiates with suppliers could be at risk. This webcast allows you to bring those employees to the webcast at no extra charge.
Q: Do I need special equipment to attend?
A: You’ll need a PC with broadband Internet access (DSL or cable), a telephone for audio, and we suggest a brown-bag lunch. If you are going to bring several people into the room you’ll need some kind of oversize display and a speakerphone. You’ll go to the webcast via the web on December 15th at 1:00 pm ET.
Q: Does anyone really go to jail for this?
A: Yes. People do go to jail when they are convicted. But many more pay fines as high as $15000 per violation, and an average case can have hundreds of violations. But even more often it is the expense of defending your company when regulators investigate. Some companies have been known to spend millions of dollars without the case ever reaching court.
Q: Is the aggregate industry more vulnerable than other industries?
A: No. There’s nothing that makes the people in our industry more likely to violate antitrust regulations. But there are indicators that make it more likely that our industry will be targeted for violation, including the sale of commodities and the fact that the government is often a customer for our product.
Q: Couldn’t I just get a list of what activities are prohibited and avoid those items?
A: No. Antitrust regulations restrict “conspiracies in restraint of trade,” and “monopolization” but the law clearly leaves open that a court can determine any other violations that may have been committed. Understanding how and preparing to avoid violations is better than trying to identify the line not to cross.
Q: Do I have to be caught red handed to be convicted?
A: No. Most cases are built on circumstantial evidence, testimony from industry members, and discovery findings. An innocent company can stumble into looking guilty if they aren’t prepared.
