Antitrust Risks for Trade Associations and Members: Ensuring Compliance Amid Intensive Federal Scrutiny

Avoiding Civil Forfeitures, Treble Damages and Sanctions Due to Anti-Competitive Conduct

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, May 16, 2017
Recorded event now available

This CLE webinar will prepare counsel representing trade associations and their members to minimize the risks of antitrust liability for activities and agreements impacting pricing or competition. The panel will review the relevant statutes and recent case law applicable to trade associations and outline effective antitrust compliance measures.


Trade associations and their members regularly participate in activities that involve potential antitrust pitfalls. The areas most vulnerable for antitrust violations are information exchanges, membership decisions, non-member access to association events and services, codes of ethics and advertising rules, and trade shows.

Associations and members must avoid even the appearance of anti-competitive intent in all activities to ensure they do not violate antitrust laws and regulations. Failure to comply with antitrust laws can result in millions of dollars in civil forfeitures, triple damages to individual plaintiffs, enormous attorneys’ fees, and even criminal sanctions.

Trade associations must have clear compliance programs in place to prevent conduct that would facilitate competitors unlawfully coordinating on pricing or competition. Recent cases offer critical guidance on antitrust compliance for counsel to trade associations and their members.

Listen as our panel of experienced antitrust practitioners examines potential antitrust pitfalls for trade associations and their members, discusses lessons from recent antitrust enforcement actions, and offers guidance for minimizing anti-competitive conduct.


  1. Minimizing risk of antitrust violations for associations and members
    1. Agreements on prohibited subjects among competitors
    2. Membership issues and codes of ethics
    3. Marketing and trade shows
    4. Information exchanges
  2. Potential immunities
    1. Noerr-Pennington
    2. State action immunity
    3. Standard setting
  3. Antitrust compliance programs
    1. Dos and don’ts for the association and for members
    2. Association meetings
    3. Practical guidance for association meetings
    4. Lessons learned from recent litigation


The panel will review these and other key issues:

  • What types of trade association activities most commonly trigger antitrust concerns and investigations?
  • What are the critical steps trade associations and their members should take to minimize the risk of antitrust violations?
  • What legal theories are being used to attach antitrust liability to trade associations and members—and what defenses are available?


Stephen R. Chuk
Proskauer Rose, Washington, D.C.

Mr. Chuk represents companies in complex antitrust litigation and provides counseling on mergers and acquisitions and regulatory compliance. He advises clients on matters involving alleged claims of monopolization, group boycott, bid rigging, and price-fixing across a wide range of industries, including financial services, agriculture, health care, media and aviation. He also counsels individuals and companies facing criminal and regulatory investigations by the U.S. Department of Justice and the Federal Trade Commission.

Carl W. Hittinger, Partner
Baker & Hostetler, Philadelphia

Mr. Hittinger focuses his practice on complex commercial and civil rights litigation with an emphasis on antitrust and unfair competition matters. His more than 35 years of experience handling “bet-the-company” litigation and successfully trying lengthy jury and non-jury cases have honed his skills in the courtroom and in counseling clients on all aspects of civil and criminal antitrust and unfair competition law. Mr. Hittinger has resolved high-end, complicated cases for both plaintiffs and defendants in courts and before agencies across the U.S. throughout his comprehensive career.

Benjamin F. Holt, Partner
Hogan Lovells, Washington, D.C.

Mr. Holt concentrates his practice on antitrust litigation and other complex commercial litigation, including class action litigation. He has represented clients in antitrust actions in state, federal district and federal appellate courts throughout the United States. In addition, he has represented clients in matters before the FTC, the Antitrust Division of the DOJ, and various state AGs.


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Program Materials

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Program Materials

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CLE Credits

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Customer Reviews

The webinar provided a very good and concise summary of the relevant laws and precedents in this area.

Edward V. Wilson

Husch Blackwell

The materials were very good and I liked that they were available ahead of time.

David Meeker

Ferguson Enterprises

The handouts were very good with helpful cites.

Richard Macias

Creim Macias Koenig & Frey

The program was very good with a great deal of concrete, practical advice.

Jim Long

Briggs and Morgan

The real case examples and case citations were very helpful.

Tyler Wilkinson

Axley Brynelson

Antitrust Law Advisory Board

Clifford H. Aronson


Skadden Arps Slate Meagher & Flom

W. Joseph Bruckner


Lockridge Grindal Nauen

Gregory J. Casas


Greenberg Traurig

David B. Goroff


Foley & Lardner

Allen P. Grunes

Co-Founder and Attorney

The Konkurrenz Group

Robert N. Kaplan


Kaplan Fox & Kilsheimer

Christopher J. Kelly


Mayer Brown

James J. Long


Briggs and Morgan

Milton Marquis


Cozen O'Connor

Janet L. McDavid


Hogan Lovells

Kevin D. McDonald


Jones Day

Daniel F. McInnis


Thompson Hine

Saul P. Morgenstern


Kaye Scholer

Douglas Rosenthal


Constantine | Cannon

M. Sean Royall


Gibson Dunn & Crutcher

Joseph J. Tabacco, Jr.


Berman DeValerio

Douglas M. Tween



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