Portfolio 32-3rd: Trade Associations and the Antitrust Laws

I. Introduction

II. Summary of the Antitrust Laws
. Introductory Material
A. The Sherman Act
1. Section 1: restraints of trade
a. The requirement of a ‘combination' or an ‘agreement'
b. The requirement of ‘commerce among the several states’
c. The ‘rule-of-reason’ and ‘per se’ violations
2. Monopolization
B. The Clayton Act
C. The Federal Trade Commission Act
D. Enforcement and Penalties
1. Enforcement by the Department of Justice
a. Criminal actions
b. Civil actions
2. Enforcement by the Federal Trade Commission
3. Enforcement by private parties
4. Penalties for antitrust violations
a. Criminal actions
b. Civil suits for damages

III. Application of the Antitrust Laws to Trade Association Activities
A. Membership and Availability of Association Services to Nonmembers
1. Membership restrictions may create a risk of antitrust liability
2. Suggested guiding principles for membership policy
B. Codes of Ethics & Other Restrictions on Member Conduct
1. Analysis of conduct restrictions imposed by trade associations
2. Voluntary conduct restrictions
3. Summary and guidelines
C. Disciplinary Proceedings
D. Joint Research Projects
1. In general
2. Summary and guidelines
E. Group Buying
1. Exchange of information within joint-purchasing arrangements
2. Participation of group members in selecting suppliers
3. Summary and guidelines
F. Standardization and Certification
1. In general
2. Summary and guidelines
G. Lobbying
1. In general
2. Summary
H. Statistical Reporting/Information Sharing
1. In general
2. Summary and guidelines
I. Price-fixing
1. Per se price-fixing
2. Agreements analyzed under rule of reason
3. Summary and guidelines