This article originally was published by the American
Society of Association Executives on September 16,
2019.
Antitrust “tying” claims typically are brought
against for-profit companies, but associations may be liable if
they package and sell products and services in a way that may be
viewed as anticompetitive. It pays to know the risks.
Among the liability risks that keep association executives up at
night, antitrust “tying” claims are probably low on the
list—if they make the list at all. But recent cases against
medical societies and medical boards suggest that association
leaders should pay attention.
“Tying” occurs when an organization that sells a
product or service requires, as a condition of sale, that consumers
also purchase another product or service that they do not want or
need—or that they would prefer to purchase from someone else.
If the organization has sufficient market power in the desired
product or service, this requirement could constitute
