Avoiding Antitrust Problems at Association-Sponsored Activities

• Pages: 60-69

An Antitrust Guide for Trade Associations

governmental agency to adopt a particular mea-

sure, such as a public agency’s incorporation of

the NFPA standard in a code. In Allied Tube,

the anticompetitive harm was caused by the

private conduct of using the standards setting

process to exclude a competitor instead of flow-

ing from governmental action. The Noerr im-

munity may apply if the nature of the challenged

conduct was primarily political rather than com-

mercial, or the parties were acting jointly to

pursue political goals, such as civil rights, rather

than wresting economic advantages. Associa-

tions that may face these issues should seek

the guidance of antitrust counsel.

V. Avoiding Antitrust Problems at

Association Sponsored Activities

In addition to protecting against the anti-

trust pitfalls associated with typical association

activities and programs, association staff need

to monitor and control any activities of mem-

bers at association sponsored events or per-

formed in the name of the association.

Associations should carry out their day-to-day

functions under the guidelines described below.

A. Elements of an Effective Association

Antitrust Compliance Program

Companies and associations used to think

that merely having an antitrust compliance

program entitled them to leniency from pros-

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