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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.
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Price
fixing includes any concerted effort or action which has an effect
on prices or on competition
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Penalties
for violating federal or state antitrust laws are severe
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Violations
could implicate you, your employer and ALA in potential criminal and
civil litigation
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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.
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The
following -- while not the only ones -- should not be discussed between
or among ALA members at any time:
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Current
or future billing rates, fees, disbursement charges or other items
that could be construed as "price," including interest
charges
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What is
a fair profit; billing rate or wage level
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An
increase or decrease in price, fees or wages, or disbursement
charges
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Standardization
or stabilizing prices, fees or wages or disbursement charges
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Current
billing or fee procedures
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Imposition
of credit terms or the amount thereof
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Refusing
to deal with anyone because of his/her pricing or fees; and
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Do not
complain to a competitor that his/her billing rates, fees or wages
constitute unfair trade practices.
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If you would
like a copy of the Antitrust Guide brochure
or have any questions, please contact
Jennifer Brinkley. |
