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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