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Associations must be vigilant about possible anti-trust implications inherent in group discussions that take place in both synchronous and asynchronous settings. As members pose questions through a NYSAIS listserv, please refer to the following guidelines that have been outlined in the Association Law Handbook.

In very general terms, there must be no discussions at meetings that may in any way tend to:

  • Raise, lower, or stabilize prices or fees
  • Regulate production levels or schedules
  • Affect the availability of products or services
  • Affect the allocation of markets, territories, clients, customers, or patients
  • Encourage boycotts or exclusions of products or services
  • Foster unfair practices involving advertising, merchandising, standardization, certification, or accreditation
  • Encourage anyone to refrain from competing
  • Limit or exclude anyone from manufacturing, sale, or practice
  • Result in illegal brokerage or rebates, or 
  • Affect improper reciprocity in dealing.

In addition, there are some topics that are best avoided at meetings:

  • Current or future prices (great care must be taken in discussing past prices)
  • What constitutes a fair profit or margin level
  • Possible increases or decreases in prices
  • Coordinating hiring or wage decisions
  • Pricing procedures
  • Cash discounts
  • Credit terms
  • Control of sales
  • Allocation of markets
  • Refusal to deal with a firm because of its pricing or distribution practices
  • Whether or not the pricing practices of any industry member are unethical or constitute unfair trade practices.

If anyone is uncertain about a particular post that they would like to make, please contact us at nysais.org/support in advance.