Association Membership and Program Restrictions: Rein In Your Antitrust Risk

By: Andrew E. Bigart, Robert P. Davis, and Jeffrey S. Tenenbaum

A recent legal dispute involving cloned horses produced a verdict against an industry association—and important lessons about antitrust compliance for organizations considering or enforcing limitations on membership or program participation.

Trade and professional associations benefit society by promoting various industries, professions, and other interests. To realize their goals, however, associations must sometimes limit membership in the association or participation in association-sponsored programs....