Antitrust Liability for Trade and Professional Associations

• Pages: 3-10

An Antitrust Guide for Trade Associations

3

Finally, the Guide provides guidance on how

associations may avoid antitrust problems while

carrying out their regular and customary func-

tions.

II. Antitrust Liability for Trade and

Professional Associations

Anyone who manages or carries out the work

of a trade or professional association but does

not scrupulously comply with the antitrust laws

may create serious antitrust exposure for the

association, its members, and him- or herself.

The failure of association members and profes-

sionals to understand the requirements of the

antitrust laws can turn each association event

or activity into an antitrust minefield, with se-

vere repercussions. An association may obtain

some degree of protection from exposure to seri-

ous liability under the antitrust laws for the

organization, its members, and its executives

through a program of practices and procedures

designed with the appropriate antitrust issues

in mind that is regularly communicated

throughout the association and conscientiously

followed by the membership and the staff.

A. Associations as Combinations

The typical competitive relationship among

association members and the legal framework

for association activities means that trade and