Fair Trade Law Q&A - Concerted ActionsFair Trade Law Q&A - Concerted Actions| Does a trade association violate the Fair Trade Act by establishing uniform fee standards pursuant to statutory authorization? |
Where a trade association establishes uniform fee standards pursuant to statutory authorization, such conduct may implicate the prohibition against concerted actions under Article 14 of the Fair Trade Act. However, where the conduct is supported by an express legal basis, it is necessary to determine whether such authorization falls within a scope that is not inconsistent with the legislative purposes of the Fair Trade Act, in order to determine whether application of the Act may be excluded.Relevant Provisions: Articles 2, 14, and 46 of the Fair Trade Act