2,865
edits
No edit summary |
|||
Line 499: | Line 499: | ||
Subject to available Project funds, T Corp may engage The Linux Foundation to de- termine the availability of, and register, trademarks, service marks, and certification marks, which shall be owned by the Linux Foundation. | Subject to available Project funds, T Corp may engage The Linux Foundation to de- termine the availability of, and register, trademarks, service marks, and certification marks, which shall be owned by the Linux Foundation. | ||
== | == 6 ANTITRUST COMPLIANCE POLICY == | ||
The T Corp (T Corp) combines, synchronizes and leverages blockchain- related activities of European corporations, startups, venture capitalists, and scientific insti- tutes. The T Corp serves as a superior, neutral body to aggregate and coordinate blockchain activities throughout Europe and to provide Non-European parties with a direct API into the European blockchain ecosystem. | The T Corp (T Corp) combines, synchronizes and leverages blockchain- related activities of European corporations, startups, venture capitalists, and scientific insti- tutes. The T Corp serves as a superior, neutral body to aggregate and coordinate blockchain activities throughout Europe and to provide Non-European parties with a direct API into the European blockchain ecosystem. | ||
It is the express policy of the T Corp to require that all activi- ties of the Association, and any projects, committees, or working groups organized under its auspices, be conducted strictly in accordance with current German antitrust law. This policy has been prepared to inform Members of the T Corp of this obligation. | It is the express policy of the T Corp to require that all activi- ties of the Association, and any projects, committees, or working groups organized under its auspices, be conducted strictly in accordance with current German antitrust law. This policy has been prepared to inform Members of the T Corp of this obligation. | ||
=== | === 6.1 Price Fixing === | ||
Agreements among competitors to fix prices are per se unlawful and the government strictly enforces laws against price fixing. Competitors may be found to have engaged in price fixing if they: | Agreements among competitors to fix prices are per se unlawful and the government strictly enforces laws against price fixing. Competitors may be found to have engaged in price fixing if they: | ||
Line 517: | Line 517: | ||
Illegal price fixing may occur even when undertaken by non competitors when there is an agreement to fix the price at which a purchaser will resell a product. Where a product is sold for resale, the seller is permitted to suggest resale prices to customers, but any agreement as to resale prices, whether formal or informal, express or implied, is to be avoided.The T Corps activities should not involve any individual Members activities in pricing or marketing particular products. To avoid the risk of liability, T Corps Members should never discuss prices, pricing systems, or discounts relating to the T Corp or in conjunction with T Corp activities, nor should the T Corp ever be involved in Members pricing or marketing practices. | Illegal price fixing may occur even when undertaken by non competitors when there is an agreement to fix the price at which a purchaser will resell a product. Where a product is sold for resale, the seller is permitted to suggest resale prices to customers, but any agreement as to resale prices, whether formal or informal, express or implied, is to be avoided.The T Corps activities should not involve any individual Members activities in pricing or marketing particular products. To avoid the risk of liability, T Corps Members should never discuss prices, pricing systems, or discounts relating to the T Corp or in conjunction with T Corp activities, nor should the T Corp ever be involved in Members pricing or marketing practices. | ||
=== | === 6.2 Agreements To Allocate Markets === | ||
The antitrust laws expressly prohibit any understanding or agreement between competi- tors or Members of an association involving division or allocation of geographic markets or customers, or an agreement to divide sales by product type. Even an informal agree- ment whereby one Member agrees to stay out of another’s territory or product markets may constitute a violation of the antitrust laws and must be avoided. | The antitrust laws expressly prohibit any understanding or agreement between competi- tors or Members of an association involving division or allocation of geographic markets or customers, or an agreement to divide sales by product type. Even an informal agree- ment whereby one Member agrees to stay out of another’s territory or product markets may constitute a violation of the antitrust laws and must be avoided. | ||
=== | === 6.3 Concerted Refusals to Deal === | ||
Members should avoid participating in ’concerted refusals to deal’ relating to the T Corp or in conjunction with T Corp activities, these are more commonly known as boycotts. Members should be careful not to make agree- ments that in effect result in the exclusion of a competitor from a market or a competitive activity. For example, an agreement among two or more Members of an organization or group to no longer license or buy from (or license or sell to) a particular supplier or dis- tributor might constitute such a boycott. To avoid this risk, Members should avoid any discussion or conduct that involves the refusal to deal with a particular third party. | Members should avoid participating in ’concerted refusals to deal’ relating to the T Corp or in conjunction with T Corp activities, these are more commonly known as boycotts. Members should be careful not to make agree- ments that in effect result in the exclusion of a competitor from a market or a competitive activity. For example, an agreement among two or more Members of an organization or group to no longer license or buy from (or license or sell to) a particular supplier or dis- tributor might constitute such a boycott. To avoid this risk, Members should avoid any discussion or conduct that involves the refusal to deal with a particular third party. | ||
=== | === 6.4 Competition === | ||
Nothing contained in this policy should be construed to prohibit or limit a Member from making, using, selling, marketing, or promoting products that do not embody or make use of the T Corp. Members are not required to exclusively use, announce, or promote T Corp tools or specifications. Members are free to design, develop, manufacture, acquire or market their respective products in any lawful way. | Nothing contained in this policy should be construed to prohibit or limit a Member from making, using, selling, marketing, or promoting products that do not embody or make use of the T Corp. Members are not required to exclusively use, announce, or promote T Corp tools or specifications. Members are free to design, develop, manufacture, acquire or market their respective products in any lawful way. | ||
=== | === 6.5 General Operating Procedures === | ||
In order to ensure that T Corp activities are conducted fairly in a manner that does not unduly benefit some competitors to the detriment of others, it is important that proceedings of the organization be conducted openly and with the opportunity for participation from all interested parties. To that end, the policies of the T Corp conform to the following guidelines. | In order to ensure that T Corp activities are conducted fairly in a manner that does not unduly benefit some competitors to the detriment of others, it is important that proceedings of the organization be conducted openly and with the opportunity for participation from all interested parties. To that end, the policies of the T Corp conform to the following guidelines. | ||
=== | === 6.6 Membership === | ||
Any organization or entity that satisfies Membership criteria and agrees to abide by the rules and agreements of the T Corp may join the T Corp. Members are not precluded from joining any similar Organizations. | Any organization or entity that satisfies Membership criteria and agrees to abide by the rules and agreements of the T Corp may join the T Corp. Members are not precluded from joining any similar Organizations. | ||
=== | === 6.7 Notice of Meetings === | ||
All meetings shall be preceded by notice to Members, as set forth in the bylaws. | All meetings shall be preceded by notice to Members, as set forth in the bylaws. | ||
=== | === 6.8 Meetings and Agenda === | ||
All meetings will follow a prepared agenda and follow any procedures set forth in the by- laws Working Group processes and Extra-Working-Group-Processes. An agenda should be distributed prior to the meeting. Potential antitrust questions posed by the agenda should be raised in advance. Accurate minutes shall be kept of all Board and committee meetings. The minutes of the preceding meetings shall be read and approved at each meeting. After minutes have been approved, they shall be distributed to all attendees within a short period following the meeting. It is important that any deficiencies in minutes promptly be brought to the attention of the T Corps secretary. | All meetings will follow a prepared agenda and follow any procedures set forth in the by- laws Working Group processes and Extra-Working-Group-Processes. An agenda should be distributed prior to the meeting. Potential antitrust questions posed by the agenda should be raised in advance. Accurate minutes shall be kept of all Board and committee meetings. The minutes of the preceding meetings shall be read and approved at each meeting. After minutes have been approved, they shall be distributed to all attendees within a short period following the meeting. It is important that any deficiencies in minutes promptly be brought to the attention of the T Corps secretary. | ||
=== | === 6.9 Distribution of Antitrust Policy === | ||
It is the policy of the T Corp that a copy of this antitrust policy be distributed to all Members. | It is the policy of the T Corp that a copy of this antitrust policy be distributed to all Members. | ||
=== | === 6.10 Prohibited Member Conduct === | ||
Do not discuss or exchange information relating to the T Corp or in conjunction with T Corp activities regarding: | Do not discuss or exchange information relating to the T Corp or in conjunction with T Corp activities regarding: | ||