It is the policy of the ISEE to fully comply and encourage its chapters to fully comply with the antitrust laws of the United States. No employee or agent of the International Society of Explosives Engineers or any officer, director, or member acting on its behalf has the authority to engage in any conduct inconsistent with the antitrust laws or the guidelines established by the ISEE board of directors.
The Sherman Antitrust Act prohibits a contract, combination, or conspiracy in restraint of trade. The Act is a criminal conspiracy statute. The Federal Trade Commission Act further prohibits unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce. Unlike the Sherman Act, the Federal Trade Commission Act addresses anti-competitive acts committed regardless of whether there is any agreement or combination. The FTC has broad powers to determine what constitutes an unfair method of competition or deceptive act. A conviction for violating an antitrust law can result in stiff fines for an association and its members along with jail sentences for people who participated in the violation. Because antitrust statutes cover such a wide range of charges and provide for such severe penalties, the society and its chapters have established these antitrust compliance guidelines.
An individual convicted of violating the Sherman Act may be fined up to $100,000 and imprisoned for up to three years. A corporation may be fined as much as $1 million. Violating the Federal Trade Commission Act can result in extensive government restraints on the activities of an association and its members and penalties of $10,000 per day.
