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Anti-Trust Statement

Mobile Electronics Association Anti-trust Policy Statement

The Mobile Electronics Association (MEA), a trade association organized to serve and advance the mobile electronics industry. MEA's purpose is to provide a common meeting ground wherein manufacturers and retailers of mobile enhancement products can become informed of current technical developments and share professional interests. MEA is not intended to, and may not, play any role in the competitive decisions of it members or their employers, nor in any way restrict competition among mobile enhancement retailers or manufacturers in any of the industries MEA serves.

Through its KnowledgeFest Trade Show & Conference, educational courses and other facilities, MEA brings together representatives of competitors in many areas. Although the subject matter of MEA's activities is normally technical in nature, and although the purpose of these activities is principally educational and there is no intent to restrain competition in any manner, nevertheless the Board of Trustees recognizes the possibility that MEA and its activities could be seen by some as an opportunity for anti-competitive conduct. For this reason, the Board of Trustees takes the opportunity, through this statement of policy, to make clear its unequivocal support for the policy of competition served by the antitrust laws and its uncompromising intent to comply strictly in all respects with those laws.

In addition to MEA's firm commitment to the principal of competition served by the antitrust laws, the penalties which may be imposed upon both MEA and its individual and corporate members involved in any violation of the antitrust laws are so severe that good business judgment demands that every effort be made to avoid such violation. Certain violations of the Sherman Act, such as price fixing, are felony crimes for which individuals may be imprisoned for up to three (3) years or fined up to $100,000.00, or both, and corporations can be fined up to $1,000,000.00 for each offense. In addition, treble damage claims by private parties (including class actions) for antitrust violations are extremely expensive to litigate and can result in judgments of a magnitude which could destroy MERA and seriously affect the financial interests of its members.

It shall be the responsibility of every member of MEA to be guided by MEA's policy of strict compliance with the antitrust laws in all MEA's activities. It shall be the special responsibility of the Committee Chairpersons, MEA's officers to ensure that this policy is known and adhered to in the course of activities pursued under their leadership.

To assist MEA staff and all of its officers, advisors and committee participants in recognizing situations that may raise the appearance of an antitrust problem, the MEA staff will as a matter of policy furnish to each such person MEA's general rules of antitrust compliance. Should questions arise as to the manner in which the antitrust laws may apply to the activities of MEA or any committee thereof, such questions shall be directed to MER's headquarters.

Antitrust compliance is the responsibility of every MEA member. Any knowing violation of the MEA General Rules of Antitrust Compliance or this general policy by a MEA member will result in that person's immediate suspension from membership in MEA, and immediate removal from any MEA office held.

GENERAL RULES OF ANTITRUST COMPLIANCE

The following rules are applicable to all MEA activities and must be observed in all situations and under all circumstances without exception or qualification other than as noted below.

  1. Neither MEA nor any committee or activity of MEA shall be used for the purpose of bringing about or attempting to bring about any understanding or agreement, written or oral, formal or informal, express or implied, among competitors with regard to prices, terms or conditions of sale, distribution, volume of production, territories or customers.
  2. No MEA activity or communication shall include discussion for any purpose or in any fashion of pricing methods, production quotas or other limitations on either the timing, costs or volume of production or sale, or allocation of territories or customers.
  3. No MEA activity or communication shall include any discussion which might be construed as an attempt to prevent any person or business entity from gaining access to any market or customer for goods or services, or to prevent any business entity from obtaining a supply of goods or otherwise purchasing goods or services freely in the market.
  4. Neither MEA nor any committee thereof shall make any effort to bring about the standardization of any product for the purpose or with the effect of preventing the manufacture or sale of any product not conforming to a specified standard.
  5. No MEA activity or communication shall include any discussion which might be construed as an agreement or understanding to refrain from purchasing any raw materials, equipment, services or other supplies from any supplier.
  6. In conducting MEA committee meetings, the chairman shall prepare and follow a formal agenda. The minutes of the meeting shall be distributed to all committee members. Approval of the minutes shall be obtained from the committee at its next meeting. A copy of the minutes shall be transmitted to the MEA headquarters office, attention: President.
  7. Speakers at committee and other technical MEA meetings shall be informed of the need to comply with MERA's antitrust policy in the preparation and presentation of their talks.
  8. In informal discussions at the site of MEA's meetings, but beyond the control of its chairman, all members are expected to observe the same standards of personal conduct as are required of MEA in its compliance with these antitrust guidelines.

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