ANTITRUST AUDITS: DO YOU NEED ONE? HOW TO GET STARTED
If your association’s members are companies that compete in the same industry, or individuals who work for competing companies, your organization faces the risk of antitrust problems arising. Associations with members that compete in any industry are considered to be combinations within the meaning of the Sherman Act, one of the federal laws that regulate antitrust issues. Under the Sherman Antitrust Act any agreement among competitors that restrains trade is illegal. Antitrust violations can lead to large fines of up to $10 million against an association. In extreme cases the government could seek to dissolve an association.
All associations that represent competitors in any industry should have an antitrust policy and guidelines. All senior staff, officers and directors of the association should have a copy of the antitrust policy and understand the guidelines. An annual antitrust briefing for the board and senior staff may be a good idea. It is a good idea to have a legal antitrust trust prior to implementing the association’s antitrust policy, and periodically every few years thereafter.
Provided here are:
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.The 3-Step Antitrust Audit
Brief outline of the 3 steps involved in an antitrust audit.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.