Antitrust Policy
Orientation
RSN has established these Principles of Responsible Conduct for YESS to ensure a credible and healthy membership community while securing the reputation of YESS and its members. All YESS members are expected to uphold integrity, respect YESS staff and fellow members, and refrain from engaging in any activities that could undermine the credibility of YESS or any of its members.
Responsible Sourcing Network (RSN) and its initiative, YESS: Yarn Ethically & Sustainably Sourced (YESS) exist to promote ethical and sustainable practices in yarn sourcing and cotton production. Both entities are committed to conducting their affairs in strict compliance with the applicable antitrust/competition laws of the United States, the states within the United States, and other relevant jurisdictions (referred to collectively as "Antitrust Laws"). These laws are designed to ensure fair and open competition that benefits consumers, companies, and the industry as a whole. Violations of Antitrust Laws can have severe consequences for RSN, YESS, and their stakeholders.
RSN and YESS personnel should direct any questions about whether YESS activities might raise antitrust issues to RSN Operations/HR at info@sourcingnetwork.org. Non-personnel should consult their legal counsel.
Antitrust Policy
1. RSN and YESS, including their committees and activities, shall not be used to facilitate or attempt to facilitate any understanding, agreement, or arrangement, whether formal or informal, written or oral, express or implied, between or among competitors regarding competitively sensitive terms such as prices, terms of sale, distribution, production volume, territories, customers, or credit terms.
2. Participants in YESS shall not use it to engage in any discussions, communications, agreements, or disclosures with actual or potential competitors and relate to prices, discounts, terms of sale, product licensing, pricing methods, profits, cost data, production plans, marketing plans, market shares, sales territories, allocation of territories or customers, or any restriction on research, production, or sales activities.
3. Each Participant is expected to exercise independent business judgment in setting prices, conducting business with customers and suppliers, and selecting the markets in which it wishes to compete. RSN and YESS shall not coerce Participants into manufacturing or selling products that incorporate goods, services, innovations, or technologies of RSN, YESS, or any other Participant.
4. Participants shall not use YESS to enter into agreements or arrangements, either directly or indirectly, to boycott suppliers or vendors, or to restrict the free purchase of materials, products, equipment, or services in the market.
5. Participants shall not use YESS to engage in any activities aimed at preventing access to markets or customers for goods and services, or activities aimed at restricting the free purchase of goods and services in the market.
6. No applicant meeting the established eligibility criteria will be denied membership for anti-competitive reasons.
7. Participation in any Production Principles, Enabling Mechanisms, criteria, standards, specifications, innovations, or certification programs developed, administered, or approved by RSN or YESS shall be voluntary and not coerced.
8. Any standards or programs developed by RSN or YESS shall be based on technical, business, environmental, social, and consumer considerations in accordance with applicable standard-setting norms, and antitrust and trade laws. Both members and non-members of RSN or YESS will be given the opportunity to participate in any standard-setting, which could present a competitive disadvantage to a non-member. Legal counsel must participate in any standard-setting activities of RSN or YESS.
9. RSN may impose conditions on the use of its trademarks to ensure compliance with Antitrust Laws and may take action against any party engaging in false or misleading advertising regarding participation or compliance with RSN's standards or programs.
10. No individual is authorized to make public statements on behalf of RSN or YESS regarding the compliance of specific products or the conformance of specific facilities/companies with RSN’s or YESS's standards or programs unless explicitly authorized in writing by the governing body.
11. All meetings conducted by RSN or YESS shall adhere to a written agenda, with discussions limited to agenda topics. A copy of these Guidelines will be available to all attendees and an antitrust warning will be given at the beginning of every meeting. Members should terminate any conversations if they might raise antitrust concerns. Minutes of meetings shall clearly and accurately reflect the discussions. Members are encouraged to seek legal counsel if they have any concerns.
12. Legal counsel and YESS staff must be involved in any statistical data collection or reporting program. Such programs will focus only on past transactions and data that is older than three months, and report data in an aggregate form that does not identify individual transactions or companies. Participation in such programs is always voluntary.
13. Participants shall refrain from disclosing information unrelated to the legitimate purposes of RSN or YESS activities during RSN or YESS meetings or other sponsored events.
14. RSN and all Participants shall make reasonable efforts to comply fully with Antitrust Laws in all aspects of their activities related to YESS.
15. Speakers at RSN or YESS meetings shall be asked to comply with these Guidelines. Where a speaker intends to address a topic dealing with economics, business practices, or product or service standards, an outline of the speaker’s presentation shall be reviewed by or discussed with RSN or YESS staff, or legal counsel, before the meeting. Speakers will be provided with a copy of these Guidelines.
16. This Policy is conservative and aimed at promoting compliance with Antitrust Laws. In case of any inconsistency between this Policy and the Antitrust Laws, the latter shall prevail.
17. Each Participant shall receive a copy of this Policy and must adhere to its provisions.
18. In case of any dispute regarding interpretation, the English version of this Antitrust Policy, approved by the governing body of RSN, shall be considered authoritative.