Summary and Guidelines

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An Antitrust Guide for Trade Associations

VI. Summary and Guidelines

Trade and professional associations provide

a multitude of procompetitive benefits to their

members, the industries they represent, and the

public at large. However, because an association

is a combination under the antitrust laws, the

association, its executives, and its members may

be subject to antitrust liability. Awareness of the

broad principles embodied in the antitrust laws

and knowledge of the types of activities that these

laws prohibit go a long way toward guarding the

association against inherent vulnerability.

The following ten basic guidelines can help

trade association officials ensure compliance

with the antitrust laws.

•Be certain that all trade association man-

agement, whether lawyers or not, are aware

of the basics of the antitrust laws. Include

anyone who has principal responsibility for

any member committee. Have frequent

briefings for association staff on key anti-

trust issues.

•Have counsel with expertise in antitrust law

conduct an antitrust audit of the associa-

tion. Act expeditiously on his or her recom-

mendations.

•Assign primary responsibility for antitrust

compliance to a staff member who reports

directly to the association’s chief executive

officer. Make sure this person is aware of

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