THE 3-STEP ANTITRUST AUDIT
The purpose of an antitrust audit is to determine if an organization has potential exposure to antitrust claims, and if so how to limit or eliminate such exposure. Second, an antitrust audit is intended to provide guidance to association staff, volunteers and members with respect to U.S. antitrust laws and how to avoid antitrust pitfalls.
A basic antitrust audit includes three steps:Once completed, it may be a good idea to have a training session for senior staff and board members to review the association’s new antitrust policy. This training also will enable association staff and volunteers to monitor the organization’s activities for future antitrust problems. The training may include how to operate association meetings, how to handle membership issues and how to conduct association surveys without raising antitrust concerns.
An interview with the executive director and other senior association staff to gain insight into the types of activities in which the association engages, and which, if any of these activities may give rise to antitrust concerns;
A review of relevant association documents - such as its articles of incorporation, bylaws, membership recruitment and benefits materials, board minutes, technical and educational meeting materials and any antitrust documents currently existing; and
Developing a written antitrust policy and program for the association, including a brief discussion of the purpose of antitrust laws and the relevant sanctions for violating such laws, a statement of the association’s intent to abide by all antitrust laws, and guidelines for staff, volunteers and members to follow to avoid antitrust problems.
Contact Sandy Pfau Englund (703)304-1204 or spfau@nonprofitlaw.com if you would like to discuss having an antitrust audit or training session conducted for your organization.
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Antitrust Audits: Do you need one? How to get started