ADPSR has a strong counterpoint to the rather ridiculous claim that AIA made last year that our human rights proposal could cause antitrust issues for AIA (see here for a reminder). Thanks to pro bono work by law firm Simpson Thatcher & Bartlett, we have a powerfully worded memo to AIA citing extensive details of antitrust issues facing professional associations, and concluding that our proposal faces “no serious antitrust concerns.”
We find this legal research inspiring, because it shows that American law supports professionals when we stand up for human rights. The Supreme Court (back when it was an example of decent jurisprudence) wrote: “The public service aspect, and other features of the professions, may require that a particular practice, which could properly be viewed as a violation of the Sherman Act in another context, be treated differently.” And the Sixth Circuit and D.C. Court of Appeals say, “some professional practices might survive antitrust scrutiny under the rule of reason even though illegal in other contexts…” especially for “ethical rules of professional associations narrowly confined to interdiction of abuses.” While the overall legal landscape in the United States may be discouraging today, these rulings are a forceful living legacy of the progressive spirit of American law.
Many thanks to Michelle Kallen, Jessica Marek, and Andrew Lacy of STB for their dedicated, thorough, and powerful work!
You can find their whole letter here.