ANTITRUST

Webster, Chamberlain & Bean provides antitrust representation to trade associations, professional societies, and other non-profit organizations, as well as business corporations.

The law is clear that trade associations have decidedly pro-competitive effects. In fact, from a legal perspective, the best setting for competitors to communicate with each other is their industry trade association. Attendance at trade association meetings and participation in trade association activities are considered normal business activity. Nevertheless, the antitrust laws have a special application to associations because associations consist, generally, of competitors, and therefore there is at least the opportunity for improper collusion or the perception of collusion. We are experts in the application of federal and state antitrust to the activities of associations and other nonprofit organizations. This is an active area of practice for us, and we provide antitrust counsel to dozens of associations, including with respect to board and membership meetings; membership criteria; data collection and dissemination; codes and standards; social responsibility; and position statements and other information releases. We also represent clients before the Federal Trade Commission and U.S. Department of Justice. We attend meetings of association clients to monitor their activities and to ensure antitrust compliance.