Corporate,
Antitrust & Trade Reg.
Jun. 24, 2020
May I have another? Antitrust immunity for serial petitioning
The “Noerr-Pennington doctrine” says you can’t be held liable under the antitrust laws for asking the government to do something — even if it harms competition — so long as your request is “objectively reasonable.” But what if you ask twice?
THIS COLUMN APPEARED IN THE 2020 TOP ANTITRUST LAWYERS SUPPLEMENT
The "Noerr-Pennington doctrine" says you can't be held liable under the antitrust laws for asking the government to do something -- even if it harms competition -- so long as your request is "objectively reasonable." But what if you ask twice?
The Courts of Appeals are divided on this question. A majority say that if a firm makes multi...
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