Antitrust - Nonprofit Professional Association Liable for Treble Damages Under the Sherman Act for the Antitrust Violations of its Agents Acting Within the Scope of Their Apparent Authority Case Notes

The American Society of Mechanical Engineers (ASME) is a nonprofit technical and scientific society with more than 90,000 members, drawn from all fields of mechanical engineering. 1 The Society publishes a mechanical engineering magazine and conducts educational and research programs.2 In addition to its other functions, ASME promulgates approximately 400 codes and standards related to mechanical engineering."These codes have a powerful economic influence, even though they are only advisory in nature.4 Many of these codes are incorporated by reference into federal, state, and local laws and regulations.5 Although ASME employs a full-time staff, much of its work is done by volunteers from industry and government.These volunteers participate as individuals, not as representatives of their employers, and assist in drafting, revising, and interpreting ASME's codes.7 Included among the various standards and codes established by ASME is its boiler and pressure vessel code.'The 19. 438 U.S. 478 (1978).