
The
United States Department of Justice (DOJ) issued a Civil Investigative
Demand (CID) against the National Electrical Manufacturers Association (NEMA).
The CID required NEMA to disclose market information relevant to medical
imaging equipment. NEMA had filed a motion with the Court to set aside the
CID, which was granted. The DOJ then moved to amend the judgment. The
Court did so, noting that the Congressional amendments and legislative
history of the Clayton Act had expanded the DOJ’s authority in issuing
CIDs to trade associations for the purpose of discovering market data. The
Court also concluded that although associations did have a legitimate
concern to maximize confidentiality, the privacy protections already built
into the Antitrust Civil Process Act were sufficient.
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