NALSC Antitrust Legal Guidelines

The members of the National Association of Legal Search Consultants (“NALSC”) compete in the marketplace. It is very important that NALSC members, meeting attendees, and speakers understand that the provisions of the antitrust laws regulate their conduct. The antitrust laws at the federal and state levels promote competition and prohibit unlawful restraint of trade. These laws are vigorously enforced to keep individuals and companies from engaging in anti-competitive practices. Any discussions among competitors of prices, fees, commissions, discounts, profit levels, terms and conditions of service, allocation or divisions of markets or customers, or future sales plans could be interpreted as signaling or tacit agreement leading to collusion. This is serious criminal conduct resulting in fines and jail sentences.

NALSC and each NALSC member is obligated and expected to strictly adhere to the antitrust laws. Each member and company representative bears a serious responsibility at all times to comply with the laws, both at formal meetings and in informal discussions. Think before you speak (or write) — always consider how your remarks could be interpreted — in and out of context. Do not engage in any communication or create any document or record that might be misinterpreted to suggest that you or your company condones or is involved in anticompetitive behavior. Avoid creating or participating in any situation which could be misinterpreted as non-compliance.

Finally, consult legal counsel whenever any uncertainty arises.

GENERAL GUIDELINES FOR ALL ASSOCIATION ACTIVITIES

  1. No NALSC member shall use the NALSC or any of its committees or activities for the purpose of bringing about, or attempting to bring about any understanding or agreement among the members with regard to prices, fees, percentage commissions, profit levels, discounts, terms or conditions of services, division of territories, customers or any other aspects of competition.
  2. NALSC members shall not discuss pricing methods, fees, discounts, percentage commission or profit levels, the terms or conditions of service, the allocation or division of territories or customers, or any other aspects of competition. No individual member’s statistics or future sales plans will be revealed nor should they be discussed.
  3. NALSC members shall not engage in any discussion that might be construed as an attempt to: (i) prevent any business entity from gaining access to any market or customer for its services, (ii) prevent any business entity from obtaining services freely in the market through competition.
  4. NALSC members shall not engage in any discussion that might be construed as an agreement or understanding to refrain from purchasing any materials, equipment, services, or other supplies from any supplier.
  5. Each NALSC member is obligated and expected to exercise its independent business judgment in pricing its services, dealing with its customers and suppliers and choosing the markets in which it will compete.
  6. All NALSC meetings shall be conducted in accordance with an agenda, and minutes shall be kept.
  7. All NALSC members are expected to observe the foregoing rules both at formal meetings and in informal discussions.