National Apartment Association Antitrust Compliance Statement

The National Apartment Association (“NAA”) and the National Apartment Association Education Institute (“NAAEI”) are non-profit trade associations and educational and credentialing associations. The members of NAA, NAAEI, and NAA’s affiliated organizations, NAA Services, LLC, and the NAA Political Action Committee (“NAAPAC”) (collectively, “NAA”), include competitors, suppliers, and customers within the multifamily industry.  Our nation’s antitrust laws are the rules under which the US competitive system operates. It is NAA’s policy to comply in all respects with federal and state antitrust laws.

Association meetings, conferences, webinars, and other gatherings, by their very nature bring competitors or potential competitors together. It is expected that all member representatives involved in NAA activities, as well as NAA consultants, non-members, and other participants and guests, will be sensitive to legal issues and requirements, and act in compliance with all applicable antitrust and competition laws, both at NAA meetings and NAA sponsored events. Accordingly, it is necessary to avoid discussions of sensitive topics that can create antitrust concerns. In general, agreements to fix prices (including elements of prices such as allowances and credit terms), to restrict capacity or output, to allocate markets (including dividing geographies, products, services, or customers), to engage in group boycotts (including refusing to deal with a third party or excluding a competitor, supplier, or customer), to rig bids, to fix employee wages, or to agree to not hire one another’s employees are violations of the antitrust laws. 

There should be no agreement or discussion relating to any of these topics. Competitors should not discuss sensitive competitive matters, including but not limited to prices, bids, quotes, competitive business plans or strategies, wages, hiring strategies, or negotiations with suppliers or customers. An antitrust violation does not require proof of a formal written agreement. Courts can infer the existence of an unlawful agreement from circumstantial evidence such as a wink or a nod of the head.  Many other types of conduct and circumstances can also tend to show the existence of such an agreement. As a result, those attending an association-sponsored meeting should remember the importance of avoiding not only unlawful activities, but even the appearance of unlawful activity.

Allegations of wrongdoing can pose financial and reputational risk, and violations of the antitrust laws and can have serious consequences for NAA, individual companies, and their employees.   For these reasons, NAA has a zero-tolerance policy for all behavior that is in violation of antitrust laws.

By participating in NAA, NAAEI, NAA Services, LLC, and NAAPAC activities, you agree to comply with all applicable antitrust and competition laws. If you observe any conduct occurring at NAA events that potentially violates the antitrust laws, speak up and insist that the conduct stop immediately.  Please also promptly inform NAA’s Legal Affairs department of any antitrust concerns or issues you may have.