Interesting excerpt from Vermont’s EPR Bill.
“A producer responsibility organization and its producer members may engage in anticompetitive behaviour to the extent necessary to develop and implement its producer responsibility plan.
In developing and implementing the plan, a producer responsibility organization is immune from liability for conduct under state laws relating to antitrust, restraint of sale, restraint of trade, unfair trade practices and other regulation of trade or commerce”
Adam Smith had something to say about collective Producer Responsibility Organizations (which are in effect organizations that tax their members to pay for recycling) in 1776 – the same year the United States of America declared independence…
“A regulation which obliges all those of the same trade in a particular town to enter their names and places of abode in a public register, facilitates such assemblies…. A regulation which enables those of the same trade to tax themselves in order to provide for their poor, their sick, their widows and orphans…renders such assemblies necessary. An incorporation not only renders them necessary, but makes the act of the majority binding upon the whole. In a free trade, an effectual combination cannot be established but by the unanimous consent of every single trader, and it cannot last longer than every single trader continues of the same mind. The majority of a corporation can enact a bye‐law, with proper penalties, which will limit the competition more effectually and more durably than any voluntary combination whatever.”
The Wealth Of Nations, Book IV Chapter VIII, p. 145, paras. c29‐30.