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ARTICLE · 15 MAY 2014

FTC Targeting Trade Associations?

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The Federal Trade Commission issued a press release concerning the antitrust risks involved in trade association activity.

United StatesAntitrust/Competition Law

On May 1, the Federal Trade Commission issued a press release concerning the antitrust risks involved in trade association activity and cautioned such groups that the Commission continues to maintain an active antitrust enforcement focus on trade association activity.  Interestingly, the release does not appear to have been the result of any specific enforcement action, but, instead appears designed to communicate the FTC's continued interest, and perhaps a particular focus, on trade association activity.

In the release, the FTC acknowledged its understanding that trade association activity can be of great benefit to not only the particular business involved, but also the public.  Yet the Commission cautioned that trade associations also are uniquely positioned to facilitate unlawful coordination among members.  Thus, while the FTC recognized that "today's trade associations typically serve many legitimate purposes, and from an antitrust perspective, most trade

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