It is imperative that every professional association member, regardless of the size of the association of the size of those comprising the membership, refrain from indulging in an activity which may be the basis of a federal or state antitrust action.
Please note the following excerpts from the ALA Antitrust Guide:
There are four main areas of antitrust concern for professional associations: price fixing, membership, standardization and certification, and industry self-regulation. The area of greatest concern, for it is the area where individual members are most likely to violate the law and the areas where the government appears most concerned, is price fixing.
- Price fixing includes any concerted effort or action which has an effect on prices or on competition
- Penalties for violating federal or state antitrust laws are severe
- Violations could implicate you, your employer and ALA in potential criminal and civil litigation
- Refrain from any discussion which may provide the basis for or inference that members agreed to take action relating to prices, production, allocation or markets or any other matter having a market effect.
The following -- while not the only ones -- should not be discussed between or among ALA members at any time:
- Current or future billing rates, fees, disbursement charges or other items that could be construed as "price," including interest charges
- What is a fair profit; billing rate or wage level
- An increase or decrease in price, fees or wages, or disbursement charges
- Standardization or stabilizing prices, fees or wages or disbursement charges
- Current billing or fee procedures
- Imposition of credit terms or the amount thereof
- Refusing to deal with anyone because of his/her pricing or fees; and
- Do not complain to a competitor that his/her billing rates, fees or wages constitute unfair trade practices.
If you would like a copy of the Antitrust Guide brochure or have any questions, please contact Jennifer Brinkley.
