ANTITRUST SAFEGUARDS

TCA BENCHMARKING TIER 1 PROGRAM – INGAUGE

BY CLICKING THE ACCEPT BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE ANTITRUST SAFEGUARDS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

 

A. Data Comparisons.

1. Comparisons. Revenue, expense, and other benchmarking data may be collected from the participants in the TCA Benchmarking Tier 1 Program – inGauge(“inGauge”), organized into a “Comparison,” and then distributed in company-specific form, without the identification of individual companies, solely to inGauge Program participants. The Comparison will reflect the inGauge Program participant’s benchmarking data and will compare that data against benchmarking data of other participants in Tier 1 (inGauge), and/or Tier 2 (Best Practice Groups), including comparisons to the group average and to the best-in-class companies average, without the identification of individual companies. The Comparison may only be distributed under the following conditions:

a. Organization. Each Comparison will be managed by an independent organization retained by Truckload Carriers Association (“TCA”);

b. Antitrust review. Each Comparison must be submitted to TCA for review by TCA’s antitrust counsel prior to distribution to inGauge Program Participants;

c. Age of Data. The information provided by motor carriers participating in each Comparison must be based on data more than 3 months old;

d. There must be at least five carriers reporting data upon which each disseminated statistic will be based;

e. Each carrier must complete a inGauge Carrier Application and submit the Application to TCA for review and approval prior to participating in the inGauge Program;

f. Frequency of Reports. Comparisons will be distributed to inGauge Program participants on a one-time basis after submission of the inGauge Carrier Application and the inGauge Survey Form;

g. Content. Items reported in the Comparison shall not include freight rates or rate structures, methodologies, practices (including detention charges, accessorial charges, fuel surcharges, insurance surcharges, credit terms, or other similar charges to customers), revenue or total expense per mile, service volumes or capacity, future sales or marketing strategies, new-service plans, and customer or supplier lists. None of the items shall be reported by zip codes, city pairs, traffic lanes, regions, types of customers, or types of freight, other than by van, refrigerated, flatbed, tank, specialized, or other truckload-industry segment;

h. TCA may remove any information or data contained in the Comparisons if TCA believes the information exposes TCA to any potential legal liability.