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Where bright ideas are yours for the keeping. - Wisconsin Grocers ...

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I N T R O D U C I N GDebbie SchneiderWGA’s New Membership Services RepresentativeDebbie represents <strong>the</strong> WGA and its members in <strong>the</strong> field,promoting <strong>the</strong> WGA to grocery store owners and managersthroughout <strong>the</strong> state. As field rep, Debbie works to recruit newmembers and acts as a resource to all current members. Sheassists with problem-solving and refers requests of assistance toWGA staff on issues like EBT, coupons, insurance, and o<strong>the</strong>rindustry topics. Contact Debbie <strong>for</strong> membership in<strong>for</strong>mation andanswers to industry questions at debbie@wisconsingrocers.com.Got Carts?Second Harvest Foodbank of Sou<strong>the</strong>rn <strong>Wisconsin</strong> isin need of your used or extra carts <strong>for</strong> <strong>the</strong>ir MobilePantry Program. Mobile Pantries, like “farmers’ market<strong>for</strong> those in need,” provide a significant quantity ofnutritious food items to our neighbors.If you can help, please contact Tami Lee attamil@shfbmadison.org or 608.223.9121, ext, 104.WGA ANTITRUST STATEMENTAdopted by <strong>the</strong> Board of Directors, May 29, 2003WGA believes strongly in competition. Our antitrustlaws <strong>are</strong> <strong>the</strong> rules under which our competitive system operates. Theirpurpose is to preserve and promote free competition. There<strong>for</strong>e, it isWGA’s policy to comply in all respects with <strong>the</strong> antitrust laws.Association meetings and workshops by <strong>the</strong>ir very nature bringcompetitors toge<strong>the</strong>r.Accordingly, it is necessary to avoid discussionsof sensitive topics and especially important toavoid recommendations with respect to sensitivesubjects. Agreements to fix prices, allocate markets, engage inproduct boycotts and to refuse to deal with third parties <strong>are</strong>automatically illegal under antitrust laws. It doesn’t matter what <strong>the</strong>reason <strong>for</strong> <strong>the</strong> agreement might be.Accordingly, at any association meetingdiscussions of prices (including elements of pricessuch as allowances and credit terms), qualityratings of suppliers, any discussions which maycause a competitor to cease purchasing from aparticular supplier, or selling to a particularcustomer, should be avoided. Also, <strong>the</strong>re should be nodiscussion that might be interpreted as a dividing up of territories.An antitrust violation does not require proof ofa <strong>for</strong>mal agreement. A discussion of a sensitive topic, such asprice, followed by parallel action by those involved or present at <strong>the</strong>discussion is enough to show a price fixing conspiracy. As a result, thoseattending an association-sponsored meeting should remember <strong>the</strong>importance of avoiding not only unlawful activities, but even <strong>the</strong>PRINTED ON RECYCLED PAPERappearance of unlawfulactivity.As a practicalmatter violations of<strong>the</strong>se rules can haveserious consequences<strong>for</strong> a company and itsemployees. The ShermanAct is a criminal statute.Violations <strong>are</strong> feloniespunishable by penaltiesof up to $1 million <strong>for</strong>corporations and by imprisonment of up to three years or penalties ofup to $100,000, or both, <strong>for</strong> individuals. The Justice Department, stateattorneys general and any person or company injured by a violation of<strong>the</strong> antitrust laws may bring an action <strong>for</strong> three times <strong>the</strong> amount of<strong>the</strong> damages, plus attorney’s fees.Antitrust investigations and litigation <strong>are</strong> lengthy, complex anddisruptive. There<strong>for</strong>e, all companies and <strong>the</strong>ir employees must not onlycomply with <strong>the</strong> antitrust laws in fact, but must conduct <strong>the</strong>mselves in amanner that avoids even <strong>the</strong> slightest suspicion that <strong>the</strong> law is beingviolated.If, at any point during a WGA meeting or workshop, you feel <strong>the</strong>discussion has drifted into inappropriate <strong>are</strong>as, you should immediatelybring this to <strong>the</strong> attention of <strong>the</strong> person chairing <strong>the</strong> meeting. 2008 Convention Issue WISCONSIN GROCER 21

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