Drug Testing Compliance Group, LLC

Also known as: DTC Group.

The FTC alleged that Drug Testing Compliance Group, which serves commercial trucking companies, illegally invited a competitor to divide customers between them. It settled, and is barred from discussing prices with competitors.

1Official action

Resolved. Refunded, settled, ceased operating, or the claim did not hold up. Kept for the record.

Identity

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Registrations: In the Matter of Drug Testing Compliance Group, LLC (FTC File No. 151-0048, final order 2016)
Locations: Idaho
Jurisdictions: United States (federal)

An invitation to collude

Drug Testing Compliance Group is an Idaho company providing drug and alcohol testing and related compliance services to commercial trucking companies and their drivers.

The FTC charged that it illegally invited one of its competitors to enter into a customer allocation agreement, in violation of Section 5 of the FTC Act. An invitation to divide up customers is actionable whether or not the competitor accepts.

The order

The company must stop communicating with competitors about rates or prices, though it may still post its rates publicly. It is barred from soliciting, entering into or maintaining any agreement with a competitor to divide markets, allocate customers or fix prices, and from urging a competitor to raise, fix or maintain prices or to limit or reduce service.

The Commission vote approving the final order was 4-0.

What is not established

A consent order is for settlement purposes only and is not an admission that the law was violated. The supplied documents describe no monetary relief and no allegation that any buyer was deceived.

Sources

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