Prelude
Oceantic Network (formerly the Business Network for Offshore Wind) is a not-for-profit organization. The organization may not play any role in the competitive decisions of its members or their employees, nor in any way restrict competition among members or potential members. Rather it serves as a forum for a free and open discussion of diverse opinions without attempting to encourage or sanction particular business practices.
Oceantic Network provides a forum for an exchange of ideas in a variety of settings including its annual meeting, educational programs, committee meetings, and Board meetings. The Board of Directors recognizes the possibility that Oceantic Network and its activities could be viewed by some as an opportunity for anti-competitive conduct. Therefore, this policy statement clearly and unequivocally supports the policy of competition served by the antitrust laws and communicates Oceantic Network’s uncompromising policy to comply strictly in all respects with those laws.
While recognizing the importance of the principle of competition served by the antitrust laws, Oceantic Network also recognizes the severity of the potential penalties that might be imposed on not only the business but its members as well if certain conduct is found to violate the antitrust laws. Should Oceantic Network or its members be involved in any violation of federal/state antitrust laws, such violation can involve both civil and criminal penalties that may include imprisonment for up to 3 years as well as fines up to $350,000 for individuals and up to $10,000,000 for Oceantic Network plus attorney fees. In addition, damage claims awarded to private parties in a civil suit are tripled for antitrust violations. Given the severity of such penalties, the Board intends to take all necessary and proper measures to ensure that violations of antitrust laws do not occur.
Policy
In order to ensure that the Oceantic Network and its members comply with antitrust laws, the following principles will be observed:
- The Network or any committee, section, chapter, or activity shall not be used for the purpose of bringing about or attempting to bring about any understanding or agreement, written or oral, formal, or informal, expressed or implied, among two or more members or other competitors regarding prices or terms and conditions of contracts for services or products. Therefore, discussions and exchanges of information about such topics will not be permitted at meetings or other activities.
- There will be no discussion discouraging or withholding patronage or services from or encouraging exclusive dealing with any supplier or purchaser or group of suppliers or purchasers of products or services, any actual or potential competitor or group of actual potential competitors, or any private or government entity.
- There will be no discussions about allocating or dividing geographic or service markets or customers.
- There will be no discussion about restricting, limiting, prohibiting, or sanctioning advertising or solicitation that is not false, misleading, deceptive, or directly competitive with Oceantic Network products or services.
- There will be no discussions about discouraging entry into or competition in any segment of the marketplace.
- There will be no discussions about whether the practices of any member, actual or potential competitor, or other person are unethical or anti-competitive, unless the discussions or complaints follow the prescribed due process provisions of Oceantic Network’s bylaws.
- There will be no discussions about whether the practices of any member, actual or potential competitor, or other person are unethical or anti-competitive, unless the discussions or complaints follow the prescribed due process provisions of Oceantic Network’s bylaws.
- Speakers at committees, educational meetings, or other business meetings of Oceantic Network shall be informed that they must comply with Oceantic Network’s antitrust policy in the preparation and the presentation of their remarks. Meetings will follow a written agenda approved in advance by Oceantic Network or its legal counsel.
- Meetings will follow a written agenda. Minutes will be prepared after the meeting to provide a concise summary of important matters discussed and action taken, or conclusions reached.
- During formal discussions at the site of any Oceantic Network meeting all participants are expected to observe the same standards or personal conduct as are required of Oceantic Network.
During formal discussions at the site of any Oceantic Network meeting all participants are expected to observe the same standards or personal conduct as are required of the Oceantic Network in its compliance. A PDF version is available.