Antitrust Policy

As a trade association, ICSC is subject to strict scrutiny under federal and state antitrust laws.  Many of ICSC’s activities have procompetitive effects that benefit its members, the industry and the general public. However, because ICSC members and event participants may constitute competitors in the retail real estate industry, great care must be taken to ensure that ICSC activities are conducted consistently with antitrust laws. It is the responsibility of ICSC staff, members and event participants to be guided by this policy of strict compliance with the antitrust laws in all ICSC activities. 

ICSC may not play any role in the competitive decisions of its members or their employers, or in any way restrict competition in the retail real estate industry.  The purpose of this policy is to prevent ICSC from being misused as a vehicle for anti-competitive agreements regarding prices, boycotts, exclusion of players from the market, or other unlawful activities.

Accordingly, in connection with any ICSC event or activity, discussion of the following subjects is prohibited in order to avoid even an appearance of anti-competitive conduct:

• Pricing (current or future), pricing methods, formulas, policies or strategies (including discounts, rebates, or credit terms);
• Profits or profit margins;
• Terms or conditions of sales;
• Operating costs;
• Wage and labor rates;
• Allocation of markets, territories, or customers;
• Operating plans or market practices (current or future);
• Terms or conditions of business transactions (current or future);
• Claims settlement practices;
• Boycotts, exclusions, refusals to deal with suppliers, customers, competitors or other third parties (or any class or type of suppliers, customers or other third parties);
• Adoption of particular actions or policies;
• Any other competitive aspect of a company’s operations.

The foregoing policy applies to all discussions, messages, and other communications in any way related to ICSC events or activities.

March 2016