MPEG Industry Forum

For the purpose of these guidelines, and as noted below, a subscriber to any MPEGIF's public mailing lists is considered a participant in MPEGIF's activities.

MPEG INDUSTRY FORUM (MPEGIF)

Antitrust Guidelines

(in addition to Article 14, item 4 of the MPEGIF Statutes)

The MPEG Industry Forum (MPEGIF) is constituted as an association under the terms of Articles 60 et seqq. of the Swiss Code. The seat of MPEGIF is Geneva, Switzerland.

MPEGIF intends to conduct its affairs in compliance with all international antitrust laws, including the antitrust laws of the United States and, as applicable, the antitrust laws of the states within the United States, the antitrust/competition laws of the European Community and of the countries in the European Community, and any other applicable antitrust laws that may exist in countries where MPEGIF members do business (generally, "Antitrust Laws"). The Antitrust Laws are intended to preserve and promote free, fair and open competition. This competition benefits consumers and companies that are innovative and efficient. A violation of the Antitrust Laws can have serious consequences for MPEGIF and for participating companies. Accordingly, MPEGIF hereby issues the following antitrust guidelines ("Guidelines") for itself and its Full Members, Associate Members, associates, advisors and subscribers to MPEGIF private and public e-mail lists (collectively "Participants"), as guidance in connection with participation in MPEGIF's activities.

The activities of MPEGIF are not intended to restrain competition. The purpose of MPEGIF is to foster competition and to benefit consumers in connection with furthering the adoption of MPEG Standards, by establishing them as accepted and widely used standards.
In connection with participation in MPEGIF, there shall be no discussion, communication, agreement or disclosure among Participants that are actual or potential competitors, regarding their prices, discounts, terms and conditions of sale or licensing of products or services, pricing methods, profits, profit margins, cost data, production plans, market share, sales territories or markets, allocation of territories or customers, or any limitation on the timing, cost or volume of their research, production or sales.
Each Participant in MPEGIF is obligated and expected to exercise its independent business judgment in pricing its services or products, dealing with its customers and suppliers, and choosing the markets in which it will compete.
MPEGIF, and its Participants in connection with their participation in MPEGIF, shall not enter into any agreement or understanding to refrain from, or to encourage others to refrain from purchasing any equipment, service, raw materials, products or other supplies from any supplier or vendor, or to refrain from otherwise dealing with any supplier or vendor.
MPEGIF, and its Participants in connection with their participation in MPEGIF, shall not attempt to prevent any person or entity from gaining access to any market or customer for goods or services, or attempt to prevent any person or entity from obtaining a supply of goods or services or otherwise purchasing goods or services freely in the market. (This paragraph is not intended to preclude a Participant from disclosing, asserting or enforcing its intellectual property rights.)
The qualifications for participation in MPEGIF are established by the Board of Directors and General Assembly of MPEGIF. No applicant for participation, which meets the qualifications therefore, shall be denied participation for any anti-competitive purpose. No Participant shall be excluded from a working group of MPEGIF for an anti-competitive reason.
Adherence to or compliance with any standard or specification that MPEGIF recommends, develops, promulgates, approves, or adopts shall be voluntary on the part of Participants, and shall in no way be compelled or coerced by MPEGIF or any committee or Participant thereof. The decision to adhere to or comply with any such standard or specification is solely a voluntary and unilateral decision on the part of each Participant.
Any specification or document, designed for technical or marketing information purposes, that MPEGIF may recommend, develop, promulgate, approve, or adopt in order to effectuate its purposes shall be based upon relevant considerations, and shall not be based upon any effort, intention, or purpose to reduce or eliminate competition in the sale, supply and furnishing of products and services.
MPEGIF and its committees shall not impose sanctions for the violation of, nor shall they enforce compliance with, standards whose usage the Forum encourages, but MPEGIF may condition use of its trademarks and copyrights on the compliance with such standards and on related criteria, to protect such mark and right and regulate its use.
In conducting any meeting of the Board of Directors, the membership, or any committee of MPEGIF, the Chair or Secretary of each such meeting shall prepare and follow a formal agenda. Minutes or Resolutions of all such meetings shall be maintained, accurately reflecting the subjects discussed and actions taken at such meetings.
During the course of the activities of MPEGIF, no Participant will disclose any information to any other Participant that is not reasonably related to the purposes of MPEGIF.
These Guidelines are intended to promote compliance with the Antitrust Laws, not to create duties or obligations exceeding the actual requirements of such laws. In the event of inconsistency between these Guidelines and the Antitrust Laws, the Antitrust Laws shall control.
A copy of these Guidelines shall be provided to all Participants in MPEGIF. All Participants shall abide by these Guidelines.