Antitrust Policy

Prebid.Org, Inc. (the “Corporation”) is intended to promote cooperation in the development of certain open source technology and related materials. The goal of the Corporation is to develop an open standard for transparent and interoperable header bidding solutions. The Corporation is narrowly tailored to achieving this goal. The Corporation is not organized to and does not play any role in the competitive business decisions of its members, nor does it intend to restrict competition among members or potential members. The Corporation’s members shall not discuss or coordinate individual bidding activity, strategy, or pricing (including the development of price floors). It is the express policy of the Corporation to comply with all applicable federal, state, and foreign antitrust laws. This Policy has been prepared to inform Corporation members of this obligation.

  1. Antitrust Laws
    1. Agreements among competitors to fix prices are unlawful. Corporation members must not discuss or exchange information about member company prices, price levels, or other competitively sensitive information. Members shall not discuss any element of a company’s operations which might influence pricing decisions, such as:
      1. Cost of operations, supplies, services and technology;
      2. Allowance for discounts;
      3. Terms of sales and licensing, including credit arrangements;
      4. Profit margins and mark ups;
      5. Market shares for any product or for all products; and
      6. Actual or projected changes in production, output, capacity, or inventory.
    2. Antitrust laws expressly prohibit any agreement between competitors to divide or allocate markets, including allocations by geography, product type, and customer. Even an informal agreement whereby one member agrees to stay out of another’s territory or product market may constitute a violation of the antitrust laws and must be avoided.
    3. Agreements among Corporation members to “boycott” or exclude a competitor from a market or a competitive activity are unlawful. Illegal boycotts include “blacklisting” or refusing to deal with a particular distributor or supplier.
  2. General Operating Procedures
    1. In order to ensure that Corporation activities are conducted fairly in a manner that does not unduly benefit some competitors to the detriment of others, an agenda shall be distributed prior to meetings and meetings shall adhere to the agenda.
    2. This Policy and standard of conduct set forth above shall apply to Board meetings, committee meetings, informal member meetings, social events, such as luncheons, receptions, and dinners, and any other activity related to the Corporation.
    3. Members should report any violations of this Policy concerning Corporation activities to the Board of Directors.