Antitrust Compliance Policy
Because trade associations present a unique opportunity for competitors to assemble, enforcement authorities and private parties pay particular attention to associations, their members and their meetings. While trade associations like Selected Independent Funeral Homes serve legitimate business objectives, antitrust enforcers often claim that such organizations provide the opportunity for competitors to reach agreement on subjects prohibited by antitrust laws.
Selected Independent Funeral Homes members must therefore avoid all conduct that could even appear to constitute a violation of the law. No matter how innocent a particular act may be, legal difficulties can result if it leads others to believe that a violation has occurred. For these reasons, it is imperative that Selected Independent Funeral Homes members never discuss:
- Prices or factors which help determine prices, such as costs, margins, revenues or profit levels
- Terms of sale, including service fees, discounts, allowances, commissions or credits
- Sales territories or markets
- Shares of the markets
- Exclusion of other competitors from a market
- Selection, classification or rejection of customers
- Refusals to deal with customers or suppliers
- Limitations on sales or service
- Employee wages or benefits
Selected Independent Funeral Homes members can, of course, discuss industry topics such as how to provide quality funeral service, family counseling, public relations, Funeral Rule compliance, legislative initiatives, crime prevention or insurance coverage. If in the course of a Selected Independent Funeral Homes meeting there is uncertainty of whether a particular topic is appropriate for discussion, please stop the session and consult the President or Executive Director for guidance. You also may contact Selected's General Counsel, Sarah Pojanowski, by email at firstname.lastname@example.org or call 800-323-4219.
Selected Independent Funeral Homes maintains a no-solicitation policy covering all of its conferences, meetings, webinars and other events. In order to provide a distraction-free environment for our members and other attendees, we do not allow member-to-member solicitation of any kind during any event, including asking for business, soliciting funeral home sales or services, distributing sales or marketing materials, or otherwise engaging in activities that members could view as solicitation, unless specifically approved by Selected.
Additionally, Selected members expect that participation in Selected events will not result in future solicitations from other members, unless the member specifically invites future contact. Accordingly, participants at Selected events refrain from using attendee lists or similar information for solicitation purposes without the express permission of the association.
Selected encourages value-added engagements where information-sharing and relationship-building activities provide opportunity for members to express interest in service needs, rather than direct selling approaches. Given the association is a by-member, for-member, they anticipate an environment to learn from other members foremost, and, if desired, they may ask for more information on your service or product. Think of this as a member-pull model, not product/service-push. This approach is critical to maintaining Selected’s constructive, transparent, and educational dynamic.
Selected does not condone overt member-to-member solicitation. This means that:**
- Without express inquiry initiated by another member, overt solicitation is strictly prohibited during all in-person and virtual member meetings and discussions.
- Members may not distribute sales and marketing materials at member meetings unless explicitly approved by Selected Members and member companies may not solicit business or business opportunities (via phone, email, or any other communication medium) based on content or queries posted on Selected’s forum or at in-person events unless specifically requested by the member or attendee
- Members may not undertake a mailing or email campaign using Selected membership contact information unless explicitly approved by Selected (this covers all communication types, not just sales)
- Members must exercise good business judgment during all Selected meetings and refrain from any behavior that could be considered or interpreted to be overt solicitation or harassment
** These rules apply to member-to-member solicitation, including for other businesses in which a member has an interest. The Preferred Partner Program has separate rules and parameters that sometimes allow a higher degree of contact with members based on Partners’ support of the association.
Failure to abide by this policy will lead to removal of a member from the meeting and could result in the suspension or termination of a firm’s membership in Selected.