Several recent antitrust suits
involving commercial radio, egg
pricing, and tennis professionals
are targeting associations and
industry groups. In the egg pricing
case, for instance, grocers and
food manufacturers claim that
egg producers have been using
their trade associations to conceal
their plan to decrease egg supply
through animal health guidelines.

What These Cases Teach:

Antitrust plaintiffs and
enforcers often look at trade and
professional associations first in
their search for liability, because
associations, by definition, bring
together competitors. Proving that
the association puts competitors
in the same room shows at least an
opportunity to conspire, and much
of what an association does can
affect competition. Associations
should make sure that all sessions
are controlled by a written agenda,
that the meeting does not stray
from the agenda, that sensitive topics
such as pricing and production
quotas are off limits, and that competitors
avoid informal discussions
in the hotel bar after the meeting.