Code of Ethics
AMCA International members and staff shall comply with the following Code of Ethics so that the business of the industry may be conducted in a straightforward, fair, and equitable manner to benefit designers, architects, engineers, contractors, purchasers, and AMCA International Members alike. The purposes of this Code of Ethics are to encourage the improvement of the quality of the products of the industry, the improvement of the business conduct of Members, and for the Members to abide by self-imposed rules of good business conduct of mutual benefit to the public and to themselves. All members must sign a pledge to follow this code and make every effort to ensure that:
- All representations made to a purchaser or user through advertising, catalogs, or other media are factual and properly descriptive of the performance of the products so advertised and sold.
- Any guarantees or warranties made in connection with such products are clearly presented and fair to the purchaser or user.
- When it is necessary to substitute products for those designated, the seller will accurately represent its products and take steps to ensure that there is no confusion between the products specified and the products delivered.
- Only those products that comply with established test specifications, standards, or codes in all respects can be identified or labeled as conforming thereto.
- No efforts will be made to knowingly induce or attempt to induce the breach of existing lawful contracts between competitors and their customers or their suppliers or to defame competitors by falsely impugning their conduct, ability to perform contracts, credit standing, or quality and performance of products.
- The hiring or offer of employment to employees of competitors is done in good faith and not for the purpose of injuring, destroying, or preventing competition.
- Participation and cooperation engaged in with other Members is for the good of the industry, that decisions are arrived at independently and not from any plan, common course of action, agreement, combination, or conspiracy to fix or maintain the pricing of products, allocation of markets, or restriction of competition or to otherwise violate the antitrust laws of any government.
- No representations made to a purchaser or user shall be obfuscated or hidden in order to conceal nonfactual or improper descriptions of the performance of products advertised or sold.
- No efforts are made to infringe upon, misuse or misappropriate any patent, trademark, copyright, trade secret, or other commercially proprietary information belonging to any other Member or CRP affiliate.
Antitrust Guidelines
The Air Movement and Control Association International. (AMCA International) provides
members the lawful opportunity to meet together to transact AMCA International business
and to further AMCA International’s legitimate goals. Such lawful activities include: the
development of performance standards that provide a benefit to the public, the running of
certification programs, the petitioning of federal, state, local, or foreign governments on
issues that have an impact on AMCA International’s members as a whole, the promotion of
the industry, the conducting of educational programs, the provision of statistical reporting,
and the conducting of pre-competitive research. Because participants in AMCA
International’s meetings are companies with competing, and sometimes opposing economic
interests, AMCA International’s actions are subject to close antitrust scrutiny. Therefore,
AMCA International and its members adhere to the following conservative antitrust
guidelines.
Notice and Records
- Each AMCA International meeting must be preceded by notice of the date and time of
the meeting along with a copy of the agenda for the meeting.
- Minutes are required of every AMCA International meeting. The minutes must be clear,
complete, and accurate with regard to the discussion that occurred, the actions taken, and
the basis for the action.
- An AMCA International staff person shall attend every meeting and act as executive
assistant.
- There are no "off the record" conversations. AMCA International does not support and
will not condone the holding of any unofficial meeting by its members in conjunction
with an AMCA International meeting.
- AMCA International’s General Counsel will attend meetings where the executive
assistant or a member believes that potentially sensitive matters may arise during the
meeting.
Appropriate and Inappropriate Discussions
It is not possible to identify in a set of guidelines every possible topic that might raise serious
antitrust questions if discussed at an AMCA International meeting. The legality of
communications among competitors often turns on the particular purpose and context of the
communication. Generally, all communications and discussions that could directly influence
the decisions of individual AMCA International members regarding production levels,
product pricing, marketing strategies, or selection of customers or suppliers must be avoided.
The following areas must not be discussed at AMCA International meetings:
- Price or any elements of price or pricing policies, including costs, discounts, rebates,
profit margins, etc.
- Terms or conditions of sale, including warranties, credit, and shipping arrangements.
- Particular competitors, suppliers, or customers.
- Sales or production quotas or limits, allocation of customers or sales territories or refusal
to sell to certain customers or to buy from certain suppliers.
- The market share or sales territory of any particular competitor.
- The operating statistics, inventories, sales, marketing methods, or strategies of any
particular competitor.
- Controlling competition or excluding any competitor from any market.
Participant Conduct during Meetings
- Afford all members an adequate opportunity to express their views.
- Ensure participants are not inhibited or afraid to argue technical positions.
- Consider all opinions before actions are voted upon.
- Ensure due process (notice, opportunity to participate and appeal timely decisions) to all
interested affected parties (suppliers, manufacturers, distributors, customers, and users).
- Participate and behave in a reasonable manner.
- Prohibit informal sessions or discussions between members once a meeting is adjourned.
Guidelines when Discussing Standards and Certification
- Confine discussions of product standards or certification of compliance with standards to
technical, scientific, engineering, and safety considerations. Commercial considerations
are not proper factors for consideration or discussion.
- Provide truthful representations with respect to testing procedures and performance rating
standards.
- Prevent discussions on prices, production, or competitors.
- Develop performance standards not construction or specification standards except in
exceptional circumstances.
- Insure that standards reflect existing technology.
- Insure that standards are kept current and adequately updated to allow for technological
innovation.
- Develop voluntary standards.
Guidelines for Statistics Programs
Statistical programs are lawful as long as they are not part of a scheme to fix prices, allocate
production, or otherwise restrain trade.
- Maintain strict confidentiality of all individual company data with data reported in only
in composite form.
- Prevent disclosure or discussion of individual company statistics, sales, or production
plans outside of confidential disclosure to AMCA International statistical department
staff.
Guidelines for Pre-competitive Research
AMCA International may undertake collective research if such research is not likely to be
done separately as expeditiously, effectively or economically, and if such collective research
will not unreasonably restrain or substantially lessen competition.
File a Complaint
These standards bring accountability, responsibility, and trust to those whom the profession serves. If you believe an AMCA International member, affiliate or staff has violated these ethics or guidelines, please contact [email protected] using the subject line: Guideline Report. The communication must include facts, details, supporting documents and other evidence to support any claims.
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