DOJ Statements Highlight Antitrust Risks For Trade Associations And Accreditation Bodies

The U.S. Department of Justice (DOJ) Antitrust Division recently filed two important "Statements of Interest" in private antitrust cases that affect trade associations and groups that set accreditation standards. These filings underscore that rules and standards created by private associations are not automatically protected from antitrust laws. The DOJ is paying close attention to how these organizations set rules, especially when those rules affect competition or prices.

DOJ: Trade Associations and Accreditation Bodies Are Not Insulated from Antitrust Liability

In Lincoln Memorial University v. American Veterinary Medical Association (AVMA) (E.D. Tenn.), a nonprofit veterinary school challenged certain AVMA accreditation requirements. The DOJ argued that (1) private accreditation standards must follow antitrust laws; (2) exemptions for government-directed actions or lobbying (known as the Parker and Noerr–Pennington doctrines) do not apply to private