Antitrust Risks for Trade Association Members

Best Practices to Avoid Anticompetitive Conduct Amid Increasing DOJ Scrutiny

"The members of a trade association, singly and as a group, are sitting on an antitrust powder keg," according to one former DOJ Antitrust Division chief.

Because a trade association necessarily involves communications and collaboration among competitors, its activities must be undertaken with extreme care to avoid even the appearance of an anticompetitive purpose or intent.

The recent consent decree between the DOJ and the National Association of Realtors reminds trade associations and their members that regulators have them in their sights. Further, plaintiffs' lawsuits often attempt to pin liability for the association's activities on the members themselves.

Listen and participate from your telephone as our authoritative panel of antitrust attorneys examines the antitrust pitfalls for associations and their members, and discusses the lessons learned from recent antitrust action against trade associations, and offers guidance to minimize risk of antitrust violations for the association and for the member.