About RETTC
A subsidiary of the National Multifamily Housing Council (NMHC), the Real Estate Technology & Transformation Center (RETTC) brings together real estate companies and technology providers to blaze a path forward for digital transformation in America. The Center serves as the preeminent advocacy, resource and networking platform for real estate and tech leaders as they navigate a long-term and complex technology-enabled transformation. This evolution will impact the renters and communities we serve, every aspect of business operations and our ability to drive innovation across the economy.
RETTC Antitrust Policy
RETTC is committed to strict compliance with federal and state antitrust laws. It is important for our members, participants and staff to be conscious of these laws because RETTC activities may involve discussion among competitors. Antitrust laws can be enforced against associations, association members, and the association's employees by both government agencies and private parties such as competitors and consumers.
Antitrust laws prohibit competitors from engaging in actions that could result in an unreasonable restraint of trade. There are many factors related to price and agreements about those factors that can directly impact price also are proscribed. Generally, only some action that could unreasonably restrain trade needs to occur for an antitrust violation. Above all else, RETTC members should be free to make business decisions based on the dictates of the market – not the dictates of RETTC.
Some activities by competitors are deemed so pernicious and harmful they are considered a per se violation and their effect is presumed – regardless of whether the activities actually have a harmful effect on competition. Such activities include price fixing, allocation of customers, markets or territories, bid-rigging, and some forms of boycotts.
Other actions, such as industry standard setting, certification and accreditation, codes of ethics, and association membership restrictions, generally are evaluated under a rule of reason to balance pro-competitive and anti-competitive factors. These activities also should be approached with caution.
RETTC members should avoid discussing certain subjects during RETTC meetings and events; on telephone and conference calls, in emails and online forums; and during informal contacts with other industry members.
RETTC members should adhere to the following guidelines:
Do not discuss current or future prices, fees, discounting, and other terms and conditions that can impact (e.g., raise, lower or stabilize) prices such as discounts, costs, salaries, warranties or profit margins. RETTC members cannot come make agreements or consensus on any activities that in any way tend to impact prices or fees. Discussion of what constitutes a reasonable, fair or appropriate price or fee for any service or product is prohibited. Discussion of current or future prices, fees, discounting and other terms and conditions of sale or rent which may lead to an agreement or consensus on prices or fees to be charged is strictly prohibited. A price-fixing violation may be inferred from price-related discussions followed by parallel decisions on pricing by members even in the absence of an oral or written agreement.
Do not exchange data concerning fees, prices, inventory, sales or rental transactions, bids, costs, salaries, customer credit, or other business practices unless the exchange is made pursuant to a well-considered plan approved by RETTC’s legal counsel. Historical pricing and related activities may be discussed when that information is aggregated, general in nature and does not include data on current prices or fees.
Do not agree with competitors as to uniform terms of sale, warranties or contract provisions.
Do not discuss actions that are intended to discourage competition or innovation among RETTC members.
Do not agree with competitors to divide up or allocate customers, markets or territories.
Do not agree with competitors not to deal with certain suppliers or others.
Do not try to prevent a supplier from selling to your competitor(s).
Do not discuss your customers with your competitors.
Do not resolve problems particular to a single RETTC member or a small, select group of members, that diminishes competition.
Do not coerce RETTC members to implement programs or policies.
Do have meeting agendas circulated in advance and subsequent meeting summaries that reflect the actions taken at a meeting.
Do leave any meeting or gathering (formal or informal) where improper subjects are discussed and communicate your reason for leaving.
Do ensure that only RETTC staff sends written correspondence on behalf of RETTC and that RETTC officers, directors, committee members, or other members do not hold themselves out as speaking or acting with the authority of RETTC when they do not have such authority.
