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On April 10, 2026, the NAM filed an amicus brief urging the U.S. Supreme Court to affirm that company participation in a trade association should not be considered evidence of an antitrust conspiracy. This is a putative class action in which a group of healthcare providers allege that major drug manufacturers conspired to limit discounts under the 340B Drug Pricing Program to drugs dispensed through "contract pharmacies.” While the trial court dismissed the case, the 2nd Circuit reversed. It found the plaintiffs sufficiently alleged “parallel conduct” among the drug manufacturers, describing their participation in the same trade association and their joint lobbying efforts as “plus factors” supporting the inference of a conspiracy. Our amicus brief argues that the right to participate in trade associations and lobby the government are core First Amendment activities—not evidence of conspiratorial behavior. The freedoms of speech and association are the bedrock of the free enterprise system. Trade associations promote these rights and facilitate the pro-competitive activity that powers our economy.