Contributor to Section C – Solicitation of Government Action of the Chapter 13 – General Exemptions and Immunities of the 8th Edition of the AMERICAN BAR ASSOCIATION's Antitrust Law Developments.
Antitrust Law Developments (Eighth). ABA Book Publishing, 2017, pp. 1289-1308.
Posted: 14 Aug 2018
Date Written: March 1, 2017
In areas where federal, state, or local governments have adopted economic or social policies that conflict with open competition, Congress sometimes has resolved these conflicts by creating explicit statutory exemptions - often industry-specific - from the antitrust laws. In the absence of a specific statutory exemption, federal courts have developed exemptions and immunities for conduct involving some degree of government action. These exemptions and immunities derive from principles of federalism and other constitutional considerations, and from the related doctrine of deference to government decision making.
Keywords: State Action Doctrine, Noerr-Pennington Immunity, legislative process, administrative process, rulemaking, enforcement, ministerial filings, adjudicatory process, private organizations, economically motivated boycotts, U.S. Courts, foreign governments, foreign courts, sham exception
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