反垄断合规政策

反垄断合规政策

The 永利登录网址 has a policy of strict compliance with federal antitrust law in effect in the United States. The antitrust laws prohibit certain combinations and agreements among competitors, and members of ATA can be considered competitors in the context of antitrust challenges, even if their businesses (or professional practices) are not in the same geographic areas, 专业语言领域, 或专业. A member's conduct in connection with all ATA meetings and events must comply with antitrust law because penalties for violations of antitrust law can be very severe—not only for ATA, 但对其个人成员也是如此.

ATA成员无法达成谅解, 使协议, or otherwise concur on positions or activities that in any way tend to raise, 较低的, 或者稳定物价或收费, 划分市场, 或者鼓励抵制. 成员们必须自己决定, 未与竞争对手协商, how to conduct their business or professional practice and with whom to do business or engage in professional practice. 具体而言，成员不应同意:

• 设置当前或未来的价格或费用, 价格或费用变动, 折现, 以及其他专业服务条款和条件. 关于定价或收费的协议是非法的. 会员在讨论价格或费用时必须非常小心, 包括但不限于费率, 费率计算方法, 利率水平, 未来利率预期, 率的预测, 标记, 折扣, 佣金, 信用证条款, 报销费用, 取消费用, 对未工作时间的补偿, 旅行时间补偿, 实物支付, 或者其他可能影响利率的事情. 甚至是竞争对手之间的价格或费用讨论, 如果紧随其后的是竞争对手在定价或费用方面的平行行动, 会导致反垄断调查或挑战吗.
• 分配或垄断地区或客户. 任何由竞争对手达成的“荣誉”协议,”“保护," or "avoid invading" one another's market areas or professional practice areas violates the law.
• 拒绝与自己反对的人做生意. 竞争对手可以讨论购买者的政策或做法, 供应商, 以及其他第三方, but they must not threaten directly or indirectly to act jointly to enforce changes to their policies or practices. 讨论之后的平行行动也可能引发反垄断审查.
• 创建, 编译, 分发, 发布, 或鼓励遵守任何清单或时间表的费用, 包括但不限于费用报告, 费指南, 标准费用, 或者推荐费用.

定价讨论, 费用, or boycotts by ATA members could implicate and involve ATA in extensive and expensive antitrust challenges. 军官, 董事, 成员不应作任何陈述, 公开或私下, that appear to represent an official policy or position of ATA without the express authorization of the ATA 董事会. 美国.S. Supreme Court has determined that recommendations or exhortations in antitrust areas by individuals who might appear to represent ATA in some capacity can likewise jeopardize ATA, so those in positions of responsibility within ATA must be especially cautious.

反垄断法很复杂，而且往往不明确. 如果ATA的任何成员担心他们可能处于“灰色地带”,该成员应咨询法律顾问或航协领导层. If the conversation among competitors at an ATA meeting turns to antitrust-sensitive issues, participants should discontinue the conversation until legal advice is obtained, 否则马上离开会议.

ATA董事会批准:2021年10月31日

 

ATA反垄断合规政策评论

背景及简介

The ATA policy regarding the discussion of rates was adopted by the ATA Board as a result of a U.S. 联邦贸易委员会(FTC)在20世纪90年代初进行了调查. The results of ATA's compensation survey had been 发布ed that was subject of an investigation for potential restraint of trade, i.e. 这项调查被解释为表明翻译人员应该收取多少费用. 联邦贸易委员会的调查最终没有施加任何处罚, 但联邦贸易委员会确实表示，它将继续监控ATA.

差不多在同一时间, AIIC (International Association of Conference 翻译s) was also subject to an FTC investigation and ultimately issued an order based on FTC allegations that AIIC had violated the antitrust laws and conspired to fix pricing for conference interpreting. The FTC ordered the group to stop 发布ing and endorsing fee schedules, etc. 以及非价格方面. 然而, the FTC lawyers were unable to make the same case regarding working conditions not related to pricing, e.g. 团队规模、工作日长度等.但AIIC受到了严重警告.

It should also be pointed out that the FTC did recognize that governmental fee schedules can be 发布ed, as long as the publication states the qualifications and requirements for a person to be eligible for such a fee.

The reason that the FTC ruling is so often misunderstood is that the ruling does allow associations to discuss rates and business practice, 以及发布薪酬报告, but that there can be no agreements or encouragement as pricing or a boycott of a particular business.

There is a slippery slope when discussions on pricing could be alleged to lead to agreements or when survey reports are publicized widely to the point that outside parties believe that certain rates and practices included in survey reports are being "endorsed.“另外, any outside party (individual or company) can submit an antitrust complaint to the FTC. 因此, ATA has to be extremely careful about how compensation surveys are conducted and how pricing information or other business plans are discussed among ATA members.

重要的是要注意到，美国正在采取行动.S. 反垄断法适用于所有公司和协会, and the FTC has been willing to pursue violators regardless of their industry, 大小, 或收入. 例如, the FTC pursued action against the Music Teachers National Association (other than charities), 包括措辞, "[teachers] shall not actively recruit students from another studio" in its code of ethics: this was seen as an anticompetitive practice.

In 2016, ATA's antitrust compliance policy was revisited by ATA's counsel and the Board, and updated to reflect a simple and broad policy that reflects best practices for association and is tailored to address issues related to translators and interpreters.

为了使这项政策的含义更加具体, 永利登录网址提供了以下关于政策的常见问题.

 常见问题:

1) Why can't I discuss my rates on ATA listserves, social media forums, and publications?

虽然你可以合法地在网上公布和讨论你的价格, the moderators and editors of ATA listserves and publications must limit these types of discussions to avoid the appearance of any anticompetitive conduct, 可能导致对航协或其成员的法律责任. Conversations about member rates can quickly develop into agreements about what interpreters and translators should charge or into agreements on prices or rates, 并可能导致潜在的反垄断违规行为. 不管你是否主张特定的利率. What matters is whether there is evidence leading governmental regulators (the Department of Justice or the FTC) to conclude that a written, 隐含, 或者甚至是关于反竞争行为的口头协议. 结果是, ata赞助的出版物一般禁止讨论费率, listserves, 以及社交媒体论坛的反垄断政策. 您仍然可以在非ata网站和出版物上讨论您的费率, 只要您的信息不代表ATA政策. FTC的政策也适用于美国以外的ATA成员. 然而, 在这方面你应该特别小心, 因为违反反垄断法可能导致民事或刑事处罚, 意思是监狱.

2) What about listing companies that are bad payers or unethical companies on the ATA website?

ATA can post a list of companies that have violated the 道德守则 and Professional Responsibility, and members can individually discuss companies that are reported to be poor payers. 然而, these discussions could also trigger possible defamation claims based on false, 误导, 或者会员发布对某些公司或机构的负面报道. 除了, 可能会出现反垄断抵制问题, if these discussions lead translators and interpreters not to do business with certain agencies. 因此, ATA可以公布违反守则的公司名称, but it is up to the individual members to decide if they still want to do business with these companies. ATA cannot publically advocate boycotting or refusing to do business with any company or agency.

问我收费的新翻译和口译员怎么办? 我能为他们推荐一个价格吗?

一般来说，不会. ATA成员不应该告诉其他成员他们应该收取什么费用, but all translators should make independent business decisions on such matters. 但是，ATA确实提供研讨会、网络研讨会和其他工具(例如.g., CalPro) to help members calculate their rates based on their fixed and variable costs. These types of seminars are generally fine because they are not advocating for specific pricing; rather they are helping members establish the basis for their own independent pricing.

4)“定价方法”如何?? 而不是讨论实际数字, there was a discussion whether translation should be based on the "source word" vs. “目标词”.或者编辑/翻译是否应该按小时收费.

讨论目标vs .目标的利弊. 源和. hourly pricing is permissible as long as the discussion doesn't result in agreements among the participants to use a particular pricing method exclusively or advocating for all translators and interpreters to use a particular pricing method.

付款条件怎么样? 净30 vs净45? 或口译员的旅费报销?

同上. Discussing the pros and cons of various payments terms or travel reimbursements is fine but be careful to avoid the appearance of a general agreement about what the "standard" payment terms or travel reimbursement policies "should" be. Even if there is no explicit agreement, but "discussion that is followed by parallel action" (e.g., the discussion determines that Net 15 are the best payment terms and all of the members start to use Net 15 payment terms) could be problematic.

6) Does this apply to individual translators or interpreters working on the same project privately agreeing to charge the same amount?

If the client or agency negotiates with a group of translators or interpreters collectively, it is fine for the client or agency to negotiate a specific rate for a particular project. 然而, if the customer or agency negotiates with translators/interpreters individually, it is not permissible for the translators to collectively agree to a specific rate for the project.

7) What about a team of colleagues trying to recruit direct clients in a specific industry?

It is fine for a translator/interpreter or groups of translators and interpreters to promote their specialization. 然而, if all of the translators in one group make an agreement not to bid on projects in a specific area, (e.g., all of translators within the "Computer Division" decide not to bid on software localization projects and leave them to the translators in the "Localization Division") that could be considered anticompetitive behavior. 类似的, if two translation companies or a group of translators make an agreement not to compete in specific areas or for specific customers, 这也是一个问题.

This does not apply to "non-compete" clauses that translators or interpreters may be asked to sign to avoid pursuing your client's customers, because such contractual agreements between two parties to prevent the other party from competing at the same time as working with a party are not considered allocating or dividing markets but rather reasonable restrictions aimed at preventing unfair behavior.

其他工会都推荐了费率，ATA为什么不能呢?

ATA不是工会. 就税务而言, ATA是501(c)(6), which is defined as a "Business League" and includes professional and trade associations like ATA. Business leagues are intended to promote common interests within an industry in a neutral manner but are not permitted to engage in collective bargaining to legally establish prices.

9) The federal government posts the rates of federally certified court interpreters. 为什么ATA不能?

ATA can certainly refer clients and members to the 发布ed rates for federal court interpreters online or to rates posted by any other organization. 然而, ATA cannot endorse these rates as what interpreters should charge or what clients should pay. ATA can provide information to the government and other corporate clients about rates in the form of e.g. 薪酬调查、数据库等., but the decision of what to pay or charge is up to the respective client and contractor to work out on their own.

10) ATA薪酬调查怎么样? 这些不是公布的利率吗?

ATA过去曾进行过薪酬调查. 然而, there are safe harbor conditions established by the government for an association to conduct a compensation survey. The survey must be conducted by an outside party and the data must at least 3 months old before being 发布ed. No individual respondent should be identifiable either and the data must be aggregated. 这些资料是作为一项服务提供给会员和公众, 但它并不打算支持具体的利率.