In an amicus brief filed in Relevent Sports, LLC v. Fédération Internationale de Football Ass’n, the Antitrust Division of the U.S. Department of Justice (the “Division”) reasserted its position that a trade association rule or policy governing how members compete is itself direct evidence of concerted action or an agreement that is subject to antitrust scrutiny under Section 1 of the Sherman Act. It is the view of the Division that mere participation in a trade association and adherence to its rules could be enough to establish an antitrust violation by the association’s members, regardless of whether the members voted for the rule, actively supported the rule, merely agreed to follow the rule, or even opposed the rule. Understanding the implications and risks associated with corporate
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