DOJ Passes On Opportunity To Challenge Joint Purchasing Agreement

The Department of Justice Antitrust Division ("DOJ") recently released a business review letter stating its intention not to challenge the American Optometric Association's ("AOA") plan to expand group purchasing to optometric products including corrective lenses, eyeglass frames, and contact lenses. A business or other organization may submit a proposed action and receive a statement about whether DOJ intends to challenge the action under the antitrust laws. The AOA is a trade association of approximately 27,000 independent optometry doctors and other industry participants. Although some of the doctors compete to purchase optometric products, DOJ concluded AOA's plan is unlikely to harm consumers. This case is a reminder that the antitrust laws permit certain competitor collaborations, such as joint purchasing arrangements, that benefit consumers.