FR 2025-06809

The document at hand, published by the Antitrust Division of the Department of Justice, announces filings made by ASTM International. ASTM has filed notifications as part of their adherence to the National Cooperative Research and Production Act of 1993. These filings were conducted on February 17, 2025, and aim to extend certain protections regarding antitrust suits. Specifically, these protections limit the recovery to actual damages under specified conditions. The essence of the document revolves around how ASTM has updated its list of standards development activities, also known as Work Items, for a particular time frame.

General Summary

This notice communicates the procedural filings by ASTM International with governmental bodies, namely, the Attorney General and the Federal Trade Commission. These filings are pursuant to the National Cooperative Research and Production Act, which has a primary goal of promoting joint research ventures while offering some antitrust protection.

The notice outlines that ASTM has updated its list of Work Items—projects related to standards development—in the period between December 20, 2024, and February 17, 2025. These updates have been filed to ensure continued compliance under the Act, a move that potentially insulates ASTM from certain types of antitrust litigation, reducing legal exposure to only actual damages instead of potentially more extensive liabilities.

Significant Issues or Concerns

There are some issues in the notice that warrant attention. Firstly, the document does not specify the nature of the additions or changes to ASTM’s standards development activities. This lack of specificity might leave stakeholders in the dark about the actual content or impact of the changes.

Furthermore, while the Act’s provisions are designed to limit certain litigative recoveries, the document provides limited details about how these limitations work in practice. This can be confusing for those unfamiliar with legal jargon or the specificities of antitrust law.

Additionally, while the notice references previous filings and provides citations to earlier Federal Register entries, it does not elaborate on the outcomes or impacts of those past filings, leaving the context rather incomplete.

Public Impact

For the general public, the document might seem technical and somewhat distanced from everyday concerns. However, standards set by organizations like ASTM have broad implications as they relate to safety, quality, and interoperability across various industries. The notice signifies the ongoing nature of these updates, which could affect products and services that consumers interact with daily.

Impact on Stakeholders

For specific stakeholders, such as industries reliant on ASTM standards, this notice is of significant interest. These stakeholders include manufacturers, product developers, and regulators who depend on ASTM standards to guide product quality and safety. By aligning with the latest standards, these entities can mitigate risks related to non-compliance and potential liability.

Conversely, some stakeholders, particularly smaller businesses, might view the limitation on antitrust damages as potentially detrimental. It might be perceived as reducing the incentive for entities like ASTM to avoid activities that might otherwise invite antitrust scrutiny.

Overall, while the document is highly procedural, it highlights the importance of maintaining transparency and clarity in collaborations and standard-setting activities. Stakeholders are encouraged to explore the details of ASTM Work Items through the resources provided in the notice to understand better the changes and how they might be affected.