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Antitrust Policy

Last Updated and Effective: September 4, 2026

1. Purpose and Scope

HIRC is committed to full compliance with all applicable federal and state antitrust laws. This commitment is directed by the Board of Directors and reflects HIRC’s core values of integrity, fairness, and lawful competition.

This Antitrust Policy applies to all HIRC employees, agents, members, and other participants in HIRC activities (collectively, “HIRC Participants”), whether participation occurs in person, by telephone, or electronically.

Antitrust violations carry severe penalties, including significant fines and potential criminal liability, including imprisonment, for individuals. Compliance with this Policy is mandatory.

2. Policy Statement

HIRC is a member-governed trade association whose members include healthcare providers, suppliers, and businesses operating across the healthcare supply chain. HIRC Participants may be actual or potential competitors and/or trading partners.

HIRC does not direct, control, or coordinate the independent competitive decisions of its members or other participants and does not restrict lawful competition. HIRC does not engage in, facilitate, or tolerate anticompetitive conduct.

HIRC is committed to:

  1. Supporting vigorous and fair competition on the merits of products and services
  2. Strict compliance with all applicable antitrust laws
  3. Avoiding conduct that could create the appearance of antitrust violations
  4. Providing appropriate antitrust training to its employees and agents to ensure compliance

3. Antitrust Guidelines

Antitrust laws are intended to protect free and open competition. Certain agreements or coordinated conduct among actual or potential competitors—including price fixing, bid coordination, and market allocation—are unlawful regardless of their actual effect on prices, output, or competition. Other agreements or coordinated conduct may violate antitrust laws depending on their purpose, circumstances, and competitive effects.

Violations may occur, or be perceived as occurring, not only through explicit agreements, but also when competitors discuss competitively sensitive information and then engage in parallel conduct suggesting a tacit understanding.

Prohibited Conduct

HIRC Participants must not engage in any agreement or coordinated conduct with actual or potential competitors involving:

Price Fixing

  1. Fixing, agreeing on, or discussing prices, fees, margins, markups, or pricing methods
  2. Exchanging nonpublic, competitively sensitive information concerning current or future prices, costs, wages, or employee compensation

Note: Any survey conducted or reported as part of an HIRC activity must be properly structured and anonymized and must receive prior review by HIRC legal counsel.

Market Allocation

Dividing or allocating customers, markets, service areas, or territories

Bid Coordination

  1. Agreements to refrain from bidding
  2. Agreements on bid terms, conditions, or outcomes

Terms and Conditions

Fixing payment terms, credit terms, or other commercial conditions

Profit or Margin Agreements

Establishing minimum margins, markups, or profit levels

Boycotts or Refusals to Deal

  1. Collective refusals to deal with suppliers, customers, or other third parties
  2. Each individual company remains free to make its own independent business decisions regarding counterparties, except where the law provides otherwise

Membership or Access Restrictions

Denial or revocation of membership, leadership positions, or access to goods or services may constitute a restraint of trade if, based on the facts and circumstances, it unreasonably limits the ability of an applicant, member, or nonmember to compete

    Lawful Group Activities (If Properly Conducted)

    The following activities may provide legitimate benefits and are lawful if conducted with appropriate safeguards:

    Standardization and Certification

    1. Voluntary standards or certifications must be developed and administered through fair, impartial, transparent, and non-discriminatory processes
    2. Abuse or improper administration of a standard or certification program may violate antitrust laws

    Industry Self-Regulation

    1. Ethical or behavioral codes may promote honesty and fair dealing
    2. Such codes must not be used to impose or enforce anticompetitive restraints, including prohibitions on price competition

    4. Reporting Concerns

    HIRC encourages prompt reporting of any actual or potential violations of this Antitrust Policy or the antitrust laws so that the matter may be investigated and, if necessary, corrective action may be taken.

    Concerns should be reported promptly to the Chair of the Board of Directors, the Executive Director, or HIRC legal counsel. A concern involving any of these individuals should be reported to another listed recipient.

    If a proposed discussion raises antitrust concerns, participants should speak up immediately, preferably before the discussion begins. If an inappropriate discussion nevertheless proceeds, participants should leave the discussion and report the matter promptly.

    5. Non-Retaliation

    HIRC will not retaliate against any individual who, in good faith:

    1. Reports a potential antitrust violation, or
    2. Assists in an investigation

    Individuals who, in good faith, report a potential violation or assist in an investigation are protected under HIRC’s Whistleblower Policy and standard business practices.

    6. Responsibilities and Enforcement

    All HIRC Participants are responsible for complying with this Antitrust Policy.

    Subject to the direction and oversight of the Board of Directors, the Executive Director is responsible for the day-to-day implementation of this Policy. The Board of Directors is responsible for enforcement and may assign related responsibilities to the Chair, the Executive Director, or HIRC legal counsel consistent with HIRC’s Bylaws.

    Questions or concerns regarding this Policy or specific conduct should be directed to the Executive Director, the Chair of the Board, or HIRC legal counsel. Individuals who are not HIRC employees or agents are also strongly encouraged to consult their own legal counsel.