ANTITRUST AUDITS: DO YOU NEED ONE? HOW TO GET STARTED
Associations with members that compete in any industry are considered to be combinations within the meaning of the Sherman Act. Because associations represent competing members, care should be taken to reduce the risk of antitrust claims.
We recommend that all associations that represent competing members adopt an antitrust policy and guidelines.Staff, officers and directors of the association should have a copy of the antitrust policy and understand the guidelines. It's also good to have an annual antitrust briefing for the board and senior staff.
Our firm provides a 3-step antitrust audit program through which we:
- Interview the executive director or other chief staff officer to gain instigh into the types of activities in which your association is involved, and which of these activities give rise to the greatest antitrust concerns;
- Review relevant association documents, such as your articles of incorporation, bylaws, membership recruitment and benefit materials, and existing antitrust policy and guidelines (if any); and
- Develop a written antitrust policy and guidelines for your association.
The cost of our 3-step introductory audit is $500.
We also can provide staff and/or board training, on-site or via webinar, to review our findings and advise you and your association how to implement an antitrust program to reduce liability.
Interested? Questions? Complete our contact form Contact Form or call Sandy @ 703.304.1204 or email her at spfau@nonprofitlaw.com.
Completing the contact form indicates your interest in our services but does not engage or retain our services. We must review your situation prior and provide you with a written engagement letter prior to being retained as your legal counsel.
Additional Resources
Sample antitrust compliance guidelines
These sample guidelines include a sample association antitrust policy, guidelines for conducting association meetings to avoid antitrust problems, and a summary of the antitrust laws.
All associations that bring competitors together present potential antitrust problems. The guidelines provided here are intended to inform associations, their officers, directors and members of the antitrust laws and how to avoid activities that could violate these laws. The voluntary adoption of antitrust compliance guidelines does not imply that an association’s activities have involved or will involve significant antitrust risk.
Three Association Activities that May Raise Antitrust Issues
A brief outline of three common activities - membership restrictions, statistical reporting and standards and certification programs - that may raise antitrust concerns.
Avoiding Antitrust Concerns When Conducting Surveys
A brief outline of how association surveys may raise antitrust problems and how to avoid these problems by following 3 simple rules.
Four Tips for Membership Organizations to Avoid Antitrust Violations
Membership rules can often lead to antitrust concerns. Follow these 4 simple tips to help avoid raising antitrust issues with your membership program.
Steering Association Standards and Certification Programs Clear of Antitrust Violations
3 QuickTips for helping to keep association standards and certification programs free of antitrust issues.
