Can Associations Develop Adequate Statistics and Participate Fully in Standard-Making Procedures on an Industry Basis without Antitrust Liability?

DOI10.1177/0003603X7401900405
Published date01 December 1974
AuthorSteven John Fellman
Date01 December 1974
Subject MatterArticle
CAN
ASSOCIATIONS
DEVELOP
ADEqUATE
STATISTICS
AND
PARTICIPATE
FULLY
IN
STANDARD·MAKING
PROCEDURES
ON AN
INDUSTRY
BASIS
WITHOUT
ANTITRUST
LIABILITY?
by
STEVEN
JOHN
FELLMAN-
INTRODUCTION
Today, our nation faces a number of serious problems.
We
have
an
energy shortfall
that
will remain serious
for
years.
We have extensive shortages of
raw
materials
that
are
re-
sulting in artificial industrial slowdowns, shifts in consumer
demands and all-inclusive government regulation of
the
economy. These problems have reached crisis proportions
throughout our nation. They
are
not
regional in scope
but
far
more pervasive, threatening the
industrial
and economic
progress of the country.
Energy
officials
and
economists have
predicted
that
the collateral consequences of these situations
will be of substantial magnitude, including possible massive
lay-offs and spiralling increases in consumer prices.
In
the
past
several months, we have seen the
start
of such a
pattern.
The existence of these crises raises many questions as to
what
industry
associations can do to respond to these prob-
lems both on a
short
term
and on
an
extended basis, so as to
effectively reduce
their
impact on the economy.
In
answering
these questions, the role of the government and the regula-
tions
it
will promulgate in creating acomprehensive national
energy, resource
and
general economic policy must be given
-Counihan, Casey &Loomis, Washington, D. C.
AUTHOR'S
NOTE:
The author gratefully acknowledges the assistance
of Mr.
Ernest
Mattei of the Georgetown University Law Center in
preparing
this presentation.
723
724
THE
ANTITRUST
BULLETIN
primary
consideration.
It
is obvious
that
the success of any
governmental regulatory policy will be directly .dependent on
the scope
and
accuracy of the basic, economic premises sup-
porting
that
policy.
The
initial .souree of such
input
will be
through
statistics
and
data
that
trade
associations will be
called Upon to provide. The importance of such statistics can
be readily seen when one recognizes
that
with
proper
plan-
ning, eXisting energy reserves could have been developed in
time to avoid the long lines
that
face consumers
at
every gas
station.
Trade
associations who do
not
develop
data
from
members to analyze
future
energy needs
and
expectant
raw
material
supply
and
demand
may
as a result have ashort-
sighted view of conditions
that
will vitally affect
their
indus-
tries, as well as the effect
that
possible
industry
shortages
will have on the nation's economy.
In
all upcoming regulatory
programs,
priorities
will be established
for
various industries.
These
priorities
will
be determined on the basis of need, the
relation of the
industry
to the normal functioning of the
economy
and
the importance of the
industry
to national se-
curity.
An invaluable source of the
data
necessary
for
determin-
ing
priorities
for
allocations of suppliers will be
trade
as-
sociation statistics compilations
and
summaries. This infor-
.,
mation will also be necessary when government agencies
are
asked to
vary
their
present
allocations.
In
order
to
get
what
they need,
industries
will have to show essentiality,
and
to do
this
industry
will have to provide the government with
data
as to
what
they
have, what
their
present
needs
are
and
what
they anticipate they will need in the future. Once again, the
best
Source
for
compiling and accumulating the comprehen-
sive
data
necessary will be the
trade
association. However,
there
are
limitations as to
what
methods can be used by as-
sociations in providing the government with economic data.
These limitations
are
imposed by the
antitrust
laws.

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