VFS Antitrust Policy

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Vertical Flight Society Antitrust Policy

Approved May 22, 2013 [PDF]
Updated June 1, 2018

Introduction

Courts have universally held that membership in 501(c)(6) trade associations and 501(c)(3) scientific research/educational organization, and participation in such activities are entirely legal and appropriate and in no manner indicate an intent to engage in unlawful trade practices. Nevertheless, because such organizations may be comprised of competitors, they do need to be sensitive to, and comply with, the restrictions of U.S. antitrust laws.

It is the policy of the Vertical Flight Society (legally, the "American Helicopter Society International, Inc.") to comply with all applicable U.S. federal and state antitrust laws. The fundamental objective of the antitrust laws is to protect and promote free and fair competition. VFS understands and supports the public policies embodied in these laws.

Through the adoption and issuance of the VFS Antitrust Policy, the Vertical Flight Society affirms its commitment to abide by the spirit and the letter of all antitrust laws. All members of VFS – including VFS directors, officers and employees – and their representatives must follow the policy and guidelines contained herein as part of their ongoing obligations to VFS. This policy is intended to provide basic guidance on the antitrust laws which may be applicable to the activities of VFS. Legal counsel should be consulted in all cases involving specific situations or questions requiring guidance on antitrust compliance. VFS retains legal counsel specifically for this purpose.

Discussions Among VFS Members

The antitrust laws can be complex, and in certain circumstances unlawful agreements among competitors can be inferred from circumstantial evidence. Therefore, at all VFS-sponsored events, including Board of Directors, committee, task force, working group and other meetings, the following will not be discussed:
  • Current or future prices.
  • Current or future output decisions by individual producers
  • What constitutes a “fair profit level.”
  • Possible increases or decreases in prices.
  • Standardization or stabilization of prices.
  • Pricing procedures or formulas.
  • Cash discounts.
  • Credit terms.
  • Non-public future marketing plans.
  • Allocation of customers or geographic division of markets.
  • Refusal to deal with a company because of its pricing or distribution practices.
  • Whether or not the pricing practices of any VFS member are unethical or constitute an unfair trade practice.
  • Information concerning any individual member company’s costs, profits, inventory, market share, or other commercial information of a non-public nature.