Antitrust for Associations [Video]

Local and state REALTOR® associations must ensure that their leaders and members understand antitrust laws and the importance of compliance. Antitrust laws promote fair competition and prevent anti- competitive behavior, which can harm consumers and competitors. Violating antitrust laws can result in treble damages, hefty fines and legal penalties, not to mention damage to the association’s reputation. Associations must be mindful of antitrust compliance in all their activities, including board of choice practices, association meetings, professional standards hearings and decisions, operating or participating in an MLS, and mergers with other associations.

Three significant antitrust issues associations must avoid are price fixing, group boycotts and market allocation. It’s important to remember that associations are competitors and act accordingly. This means associations must make decisions unilaterally and independently and should never confer or agree about the dues and fees they charge for membership and other services. Associations must avoid collectively agreeing to …