Why does MSA have an Antitrust Policy?
It comes as a surprise to some that nonprofit associations — and their nonprofit members — are subject to antitrust laws. Nonprofits, including museum stores affiliated with nonprofit organizations, are buyers and sellers of goods and services. The law is clear that the antitrust rules apply to all buyers and sellers, including nonprofits. In fact, associations have been prime targets of antitrust regulators. Sometimes the exchange of ideas which take place at association meetings leads competitors to work together in ways which violate the antitrust laws. For example, competitors could agree to split markets. An art museum could agree with a nearby zoo to have its store stay away from children’s items if the zoo stays away from calendars and note cards. As another example, two vendors who sell to museum stores could agree that one will refrain from marketing soaps if the other agrees not to market candles. These kinds of market sharing agreements could violate the antitrust laws. Even
