Page 8 - Anti Trust for Board Leadership_Neat

What are the preventative measures that
an association and its elected leadership
and staff can take to help ensure the
association’s compliance with the
antitrust laws?

CONDUCT OF

ASSOCIATION MEETINGS

Agendas

Association meetings should be held only
when there is legitimate business to be
conducted.
• The association executive should
draft an agenda for each Board of
Directors or Executive Committee
meeting. The agenda should be sent
to each participant in advance.
• The agenda should be specific and
avoid references to discussion topics
in language that might raise antitrust
suspicion such as “marketing
practices” or “economic conditions.”
• Particularly sensitive topics should
be reviewed in advance by
association counsel.

Prohibited Discussions

The association executive and, if necessary,
association counsel should attend all
meetings of the Board of Directors or
Executive Committee to ensure that
prohibited discussions of commission rates
or potential boycotts do not occur. If a
prohibited topic is raised, the association

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