New guide on competition law compliance for trade associations, business chambers and professional associations
On December 11, 2018, the National Commission for the Defense of Competition published a guide aimed at trade associations, business chambers and professional associations
("the Guide"). "The main goal of the Guide is to set the boundaries between the constitutional right to associate and the duty to avoid practices that may damage competition", sustained Mr. Esteban Greco, President of the National Commission.
In some cases, the responsibility of these trade associations, business chambers and professional associations may be direct, if they, by themselves, decide or recommend their associates to conduct themselves in a manner that violates antitrust regulations. In other cases, the responsibility may result from the fact that their conduct facilitates anticompetitive practices, such as cartelization practices, agreements to not compete against members of a given trade chamber, agreement on prices, client allocations or agreements on how to act to determine the award of a public tender.
Some of the activities that the Guide describes as incompatible with the recently enacted Competition Act, are related to trade associations' decisions and recommendations on price fixing and market allocation, exchange of commercially sensitive information, decision on entry and exclusion of members of the associations, standardization and advertising.
In addition, the Guide proposes a set of recommendations about those practices that trade associations should adopt and those that they should avoid, as well as a description of better practices regarding the handling of sensitive information within the association, to prevent anticompetitive behaviors.
To access full article on the Guide, please, refer to the following link