AntiTrust Compliance

Because trade associations present a unique opportunity for competitors to assemble, enforcement authorities and private parties pay particular attention to associations, their members and their meetings. While trade associations like Selected Independent Funeral Homes serve legitimate business objectives, antitrust enforcers often claim that such organizations provide the opportunity for competitors to reach agreement on subjects prohibited by antitrust laws.

Selected Independent Funeral Homes members must therefore avoid all conduct that could even appear to constitute a violation of the law. No matter how innocent a particular act may be, legal difficulties can result if it leads others to believe that a violation has occurred. For these reasons, it is imperative that Selected Independent Funeral Homes members never discuss:

• Prices or factors determining prices such as costs, margins, revenues or profit levels
• Terms of sale, including service fees, discounts, allowances, commissions or credits
• Sales territories or markets
• Shares of the market
• Exclusion of other competitors from a market
• Selection, classification or rejection of customers
• Refusals to deal with customers or suppliers
• Limitations on sales or services

Members of Selected Independent Funeral Homes can, of course, discuss industry topics such as how to provide quality funeral service, family counseling, public relations, Funeral Rule compliance, legislative initiatives, crime prevention and insurance coverage.