COCPA Antitrust Policy

November 7, 2024

The COCPA is committed to advancing and protecting the Colorado accounting profession and CPAs in Colorado. We are also committed to complying with all applicable antitrust laws and regulations. As a community of competitors, potential competitors, employers, service providers, and customers, it is extremely important that we steer clear of any discussions that could be interpreted as anticompetitive or price fixing. As such, the COCPA has established the following antitrust policy to refrain from sharing competitively sensitive, confidential information such as proprietary pricing, pricing components, individual company business plans, productivity measures, or sensitive information that could impact free market competition.

COCPA members, volunteers, directors, and employees must remain vigilant regarding potential violations of antitrust laws. Laws designed to prevent unfair competitive practices, such as price-fixing, include the Sherman Act, the Clayton Act, the Federal Trade Commission Act and the Robinson-Patman Act, as well as other state and federal statutes. The consequences for violating antitrust laws can be severe. Punishment for a conviction can include large fines and participants may also face jail sentences for participating in antitrust activities. In addition, civil actions may be brought by private parties.

While general knowledge sharing of best practices and methodologies available and known in the public realm are encouraged for the benefit of its members, the following activities are specifically prohibited for members, volunteers, directors, and employees while engaging in COCPA activities:

  1. Participating in or promoting any activities or discussions to raise, lower, or stabilize prices or fees charged to customers or clients;
  2. Participating in or promoting discussions to regulate production or the availability of services;
  3. Participating in or promoting allocation of exclusive markets, customers or clients, or agreeing to divide territories;
  4. Encouraging boycotts of competitors, suppliers, customers, or clients; or
  5. Assisting in monopolization of services.

In order to ensure that antitrust laws are observed by COCPA members, volunteers, directors, and employees at COCPA hosted meetings, the following procedures shall be observed:

  1. Fees, prices, or billing rates shall not be discussed at any formal or informal meeting of COCPA without COCPA legal counsel present if such items are not openly made available and disclosed to the public.
  2. Specifics regarding factors that can impact prices and fees, such as salaries, costs, and profit margins shall not be discussed at any COCPA meeting without COCPA legal counsel present or made available within an official organization approved or published collective survey.
  3. Discussions about specific customers and clients that could influence service or fees should not take place among competitors.
  4. Statements about plans regarding specific pricing, expansion, or any action with competitive overtones are prohibited at any COCPA meeting without COCPA legal counsel present. Members are advised not to participate in discussions if other members have such discussions.
  5. If a discussion at a COCPA event is at-risk for antitrust violations, the attending COCPA employee or volunteer shall request that the discussion stop immediately. The request for the discussion to end shall be documented in the meeting minutes or notes. If members continue the discussion, the COCPA employee or volunteer present should end the meeting and excuse themselves from the meeting room. Any minutes or notes should reflect the actions taken and demonstrate that employees and volunteers representing the COCPA left the meeting.
  6. Posts made in any online community or forum that include a prohibited activity will be removed within 24 hours of identification by a COCPA representative.
  7. The COCPA CEO, Board Chair, or legal counsel should be alerted if any improper discussions or activities occur.
  8. If a member has a question about the legal aspects of COCPA’s activities, they should seek advice from COCPA’s CEO or Board Chair, who may consult with the COCPA’s legal counsel.

In order to ensure that antitrust laws are observed by COCPA employees, in determining products and services to provide members, COCPA employees are prohibited from colluding with other groups to set prices, determine territories, boycott vendors, or any other activity that could be noncompetitive and/or a violation of antitrust laws. COCPA employees are prohibited in assisting other groups in any way in their attempts to set prices, determine territories, boycott vendors on engage in any other activity that could be noncompetitive and/or in violation of antitrust laws. ‘Other groups’ may include other nonprofit organizations, state CPA societies, and any other organization.

How to Contact Us

If you have any questions or concerns about the COCPA antitrust policy or its implementation, you may contact us at info@cocpa.org.