DOJ Business Advisory Letter 97-12 of 7/30/97 concerning the Post-Tensioning Institute
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excerpted from DOJ source)
Facts: PTI is a trade association of firms and individuals involved in the production of a specific type of prestressed concrete structures. PTI proposed to require both current and prospective members to comply with its currently voluntary Program for Plant Certification in order to maintain or achieve membership. The certification program is administered by PTI but executed by an independent agency. The goal of the certification program would be to improve the quality and reputation of the specific structures PTI members produce. Certification will remain available to nonmember firms. Additionally, PTI will not attempt to discriminate against nonmember or noncertified firms in the marketplace.
Response: As PTI will continue to certify nonmember firms, and since neither PTI membership nor plant certification appear necessary to compete in the market for prestressed concrete structures, the Program for Plant Certification does not appear likely to be anticompetitive. The program could prove procompetitive if it heightens safety and quality standards and increases the competitiveness of the market for concrete structures. The Department has no present intention to challenge the proposal.
Formal DOJ Business Advisory Request for Business Review letter; Letter and Press Release Formal Letter