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By using this website, you agree to accept the disclosures in the AFPM Privacy Statement for links to other websites.
An agreement for U.S. antitrust purposes does not require a written contract, or even a formal offer and acceptance. It is a "conscious commitment to a common scheme," which can be reached orally, with a wink and a nod, or inferred from conduct. For that reason, AFPM prohibits any discussion or exchange among competitors of information that is competitively sensitive. The AFPM Antitrust Compliance Guidelines are in full effect for the use of this website.
Notice and Take Down Procedures; and Copyright Agent
If you believe any Submission accessible on or from the website infringes your copyright, you may request removal of those materials (or access thereto) from this website by contacting AFPM (address identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
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AFPM's address for copyright issues relating to this website is as follows:
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The American Fuel & Petrochemical Manufacturers (“AFPM”) is a nonprofit, tax-exempt membership association organized to foster cooperation and the exchange of technical information among its members. These worthwhile activities are sanctioned by custom and law. It is important, however, to recognize that these activities are subject to the legal limits of federal and state antitrust laws. AFPM is committed to complying with the antitrust laws in all respects and has adopted the following guidelines in order to facilitate compliance with the antitrust laws:
As a general matter, the antitrust laws prohibit competitors from agreeing on the prices they will charge, the products they will offer, the customers they will serve, or the markets in which they will compete. Therefore, there should be no discussion or disclosure of information with respect to (a) expected profits, premiums, prices, surcharges, or discounts; (b) specific customers or classes of customers, or whether you will or will not do business with them; (c) proposed product offerings; (d) allocation of geographic or product markets; (e) any refusal to deal with a customer or supplier; (f) how to deal with the market behavior of a competitor; or (g) any other topic involving a potentially anticompetitive practice.
Some subjects of discussion may lead to agreements that are not unlawful on their face but that may have an unlawful anticompetitive effect or may give rise to the inference of an anticompetitive act, depending upon their scope and how they are implemented. Other subjects may appear to be prohibited by the antitrust laws but in fact may be permitted because of the context or ultimate purpose of the communication. Whether discussing a subject is permissible may vary depending on factors such as the nature of the subject matter, its relationship to competition among AFPM members, the purpose of the communication, and the degree of restraint that AFPM members can be expected to exercise.
We cannot make a statement that will take the place of advice from your own company or that will cover every situation. We do suggest that those who participate in AFPM activities may avoid difficulties for themselves and for the Association by observing these principles and calling to AFPM’s attention any violations you may observe.
Ethical Responsibility and Professional and Personal Conduct Code
The American Fuel & Petrochemical Manufacturers (“AFPM”) has adopted the following “Ethical Responsibility and Professional and Personal Conduct Code” (hereinafter, “the Code”). Every member of AFPM, their designated representatives, and non-member attendees at all AFPM meetings and forums agree to abide by the Code as a condition of membership in AFPM and attendance and participation at AFPM meetings and forums.
The Code requires the following of all individuals attending AFPM meetings and forums:
- Adherence to the AFPM bylaws and the AFPM policies and procedures, as adopted by AFPM’s Board of Directors.
- Strict compliance with federal and state antitrust laws.
- Adherence to all applicable federal and state laws.
- Maintenance of the highest level of professional and personal ethical behavior while attending AFPM meetings and forums.
- Prevention of certain behaviors, including harassment, violence, intimidation, and discrimination of any kind involving race, color, religion, national origin, gender, sexual orientation, age, disability or, where applicable, veteran or marital status.
- Assurance that conduct at all times and in all professional and personal dealings with each other and other attendees with the highest level of integrity and courtesy.
- Sharing of knowledge and expertise as speakers at AFPM educational events and sessions whenever practicable, without soliciting or explicitly promoting their own organization's products or services.
- Working to instill public and consumer confidence in the petrochemical and refining industries, its member companies, and its professionals, avoiding any action conducive to discrediting members of AFPM.
- Refraining from scheduling general attendance meetings, receptions or other events at times that conflict with substantive programming or social events at AFPM meetings without express written permission of AFPM.
Failure to abide by the Code may result, for the first offense, in informal censure of a company or individual by the AFPM Executive Committee. If violations of the Code continue after such an informal censure, a company may be subject to expulsion from AFPM, or an individual to exclusion from participation in AFPM activities, by the Board of Directors.