DOJ Business Advisory Letter 98-B of May 30, 1997 concerning the The National Elevator Industry, Inc
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excerpted from DOJ source)
Facts: The National Elevator Industry, Inc. ("NEII") is a trade association whose 34 members include virtually all major domestic manufacturers and installers of escalators. NEII is proposing to participate in the development of a more comprehensive escalator safety performance standard than the current American Society of Mechanical Engineers ("ASME") escalator standard, ASME A.17.1, which establishes a standard for the clearance that should exist on each side of the escalator step between the step tread and adjacent skirt panel. NEII proposes to set up a joint venture relationship with an independent consultant who, after discussing the issues with NEII members and outsiders, will create a concept for developing a performance standard that measures the potential for step-skirt entrapment and a methodology for the measurement and verification of compliance with the standard. That standard will be submitted to NEII's Central Code Committee, which will determine whether to submit the standard to ASME for review and adoption under that organization's standard making procedures. The joint venture will not involve the exchange of any price or output information.
Response: Since the proposed new standard has not yet been developed, we can express no opinion as to its likely competitive effects. To the extent, however, that NEII's proposed joint venture to establish a new escalator performance safety standard will neither involve the exchange of competitively sensitive information, nor be designed to disadvantage non-members, it should not in itself raise competitive concerns. The Department has no present intention to challenge the proposal.
Formal DOJ Business Advisory Letter