Antitrust Article: Trade Associations: Risky Business
7/23/2004
Written by Yee Wah Chin and Kathryn E. Walsh
Trade associations can be positive influences. They disseminate useful information among members, which enables members to serve their customers better. However, a trade association is a combination of competitors. The antitrust laws - the Sherman Act, Clayton Act and Federal Trade Commission Act at the federal level, and similar laws in many states-prohibit contracts, combinations, conspiracies, and other agreements in restraint of trade, as well as monopolization and attempted monopolization.
Yee Wah is Senior Counsel in the Washington, D.C. office, practicing in the Federal Section. Yee Wah has been involved with global antitrust and competition-related matters for multi-billion dollar companies. She provides antitrust counseling and analysis on all transactions, including acquisitions, divestitures and joint ventures, and antitrust advice on relations with competitors, suppliers and customers, as well as on licenses and distribution relationships.
Kathryn is an associate in the Federal Section, practicing in the Washington, D.C. office. She has experience analyzing mergers and acquisitions for potential exposure under antitrust laws, including Hart-Scott-Rodino; preparing Hart-Scott-Rodino filings; and responding to Department of Justice (DOJ) and Federal Trade Commission (FTC) inquiries. She has also handled foreign filings, including determining filing obligations and coordinating the required submissions. Kate has negotiated with the DOJ to end consent decrees, prepared yearly FTC compliance reports, and drafted document retention and document preparation guidelines.
