In International Test and Balance, Inc. v. Associated Air and Balance Council, the plaintiff company dealt in testing and balancing heating and air conditioning units. The defendant was a trade association that had expelled the plaintiff for failure to comply with the association’s standards as to the quality of the work performed by the plaintiff on a construction project. Although venued in federal court, the court applied Illinois state law to the case. The court also noted that, under Illinois state law rather than federal law, antitrust proceedings could be asserted only against for-profit enterprises. The court held that the expulsion from the trade association did not sever all business to the plaintiff, and that the plaintiff could effectively compete without having to be a member of the association. The court stated that the way a private association can enforce its own rules is through the expulsion of a member, and that trade associations are not "walking conspiracies." See also, 1999 WL 377849 (N.D. Ill. (June 07, 1999)) for final disposition. Defendants motions to dismiss were granted.

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