U.S. enforcers and private plaintiffs are sharpening their antitrust focus on how professional associations shape members’ commercial conduct. A recent multi-state attorneys-general letter to the Science Based Targets initiative (SBTi), the Federal Trade Commission’s resolution of antitrust concerns stemming from the Clean Truck Partnership, and several new complaints illustrate the through-line. Associations remain vital for research, safety, interoperability, and credible measurement, but the legal environment is increasingly skeptical of coordinated market behavior, whether tied to pricing (MAP), compensation rules (commissions), platform access (MLS/data), or mission-driven campaigns (net-zero).
In this article in Wolters Kluwer’s Antitrust Connect Blog, McCarter Partner and Former DOJ antitrust attorney Robin Crauthers outlines the risks associations are facing and provides practical takeaways for trade associations.