Why do trade associations need legal counsel?
Members of many trade and professional associations compete with each other for business. Section 1 of the Sherman Act, the United States oldest and most important antitrust law, makes all combinations in restraint of trade unlawful. Since trade associations are “combinations,” any action by an association or its members at a meeting that may even appear to be anticompetitive may result in a Sherman Act prosecution by the government or a private antitrust claim. Therefore, it is imperative that experienced legal counsel monitor trade association meetings and educate association members as to their responsibilities in connection with the U.S. antitrust laws.
