Antitrust Policy

Antitrust Policy and Statement of Non-Endorsement

Updated: January 2024

Certain topics are not proper subjects for discussion and consideration at any Insights Association (“Association”) meeting of members, officers, directors, or committees, whether formal or informal. One such topic-area deals with competition law.

While it is entirely appropriate to meet as an Association to discuss common problems and areas of interest, it must be kept in mind that the members are competitors and any action taken to eliminate, restrict, or govern competition among members is a violation of the antitrust laws.

Members are reminded that the antitrust laws are designed to prevent any situation from which collusion, price-fixing or other anti-competitive activity can be reasonably inferred. Therefore, any discussions of pricing, attempts to limit competition, or other unreasonable restraints on trade are strictly prohibited.

That said, a legitimate and key purpose of the Association is to provide assistance to our members and our industry overall, including providing useful business information, statistics, opportunities for members to network, and lawfully exchange ideas and perspectives.

While not a fully comprehensive list, here are some basic guidelines:

• Discussions of “Price" is strictly forbidden subject at any Association meeting. This includes terms and discounts, because these are substantial elements of price structure. To avoid any problems, members of our Association should not participate in any meeting for the purpose of discussing methods of fixing, establishing, maintaining, or discounting prices, or terms or conditions of sale, for services or products. Should such discussions start, members should do their best to stop them; if they continue, they should get up and walk out.

• Among the subjects which should never be discussed at Association meetings are Cost Per Interview (CPI), terms and prices of service, allocating or sharing of customers, and refusing (for anti-competitive reasons) to deal with a particular provider or customer. Likewise, any collaborations or attempts by members to coordinate restrictions for employment opportunities in the industry or to set salaries, wages or other compensation, is strictly prohibited. Agreements among competitors relating to any of these subjects are per se violations of the antitrust laws, and can lead to severe and civil penalties.

• Territorial limitations are not to be discussed at any Association meeting. No arrangements where one research company or data collection company agrees to confine its sales to its own city or county, if a neighboring company agrees to follow similar limitation, must be discussed or considered. What the research company or data collection company does individually is its own business. A trade or professional association has no interest in that subject, and members should not, therefore, enter into such discussions.

• Members should strive to give the best service possible at a price as determined by their own business judgment. Members should recognize that one reason for Association membership is to use it as a medium through which they can become a tougher competitor by becoming more efficient.

If you have any questions about any of the above, please reach out to me as CEO of the Association and I can loop in our legal as the need arises. Finally, in addition to highlighting the Antitrust Policy, it is again important to reiterate that the Association cannot and does not endorse the practices, policies, procedures, or services of any of our members or partners, and is an objective and impartial professional association.

Melanie Courtright, CEO
Insights Association