I wonder how many trade association councils haven’t at one time or another thought it might be a good idea to give members a ‘heads-up’ on sensitive commercial information; suggest ways of capitalising on their dominant position in the market; or have an ‘informal’ discussion of tenders? Or more likely perhaps, agree a price to avoid competing with each other.
According to recent reports in The Guardian the Association of Model Agencies (AMA) has about three months to submit their responses to allegations by the Competition and Markets Authority that it is involved in price fixing with some of its members.
Agencies allegedly used the trade association as a vehicle for price coordination when their representatives controlled the AMA’s managing council. Like most associations, the AMA claims its Council meets to discuss industry matters and promote the interests of its members, but it is also alleged, by the CMA, to have circulated regular “AMA alerts” that encouraged agencies to reject fees offered by customers and negotiate higher payments.
In September 2005, fifty prominent independent schools were found guilty of operating a fee-fixing cartel by the Office of Fair Trading. The OFT found that the schools had exchanged details of their planned fee increases over three academic years between 2001-02 and 2003-04, in breach of the Competition Act 1998. For their part Bursars freely admitted that they used to meet regularly and talk about fees, but maintained that the swapping of information did not amount to a concerted plot to push up fees.
It’s a familiar dilemma for association CEOs. A general discussion at a council meeting can all too soon result in some bright spark suggesting a monthly alert to all members with a guide price for some service or functions. And it’s often down to the CEO to nip it in the bud before what seemed like a helpful suggestion turns in anti-competitive behaviour, generally to the accompaniment of harrumphing about what exactly are the ‘benefits’ of membership!