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Balancing State Sovereignty And Competition: An Analysis Of The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Balancing State Sovereignty And Competition: An Analysis Of The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer
Susan Beth Farmer
The great impact of the Seminole Tribe v. Florida decision will likely be felt in the range of federal causes of action that have exclusive remedies in federal court. Antitrust cases are among such causes of action. In seeking to avoid antitrust liability, defendants have invoked the protections of the antitrust state action doctrine, which immunizes only that anticompetitive activity imposed and supervised by states. This immunity bars suits against state and private actors alike. After Seminole Tribe, state defendants will escape all antitrust liability, whether or not the traditional requirements of the state action doctrine have been met. Thus, …
The Basis For Noerr-Pennington Immunity: An Argument Based On Supreme Court Precedent That Federal Antitrust Law Forms The Foundation Of Noerr-Pennington, Not The First Amendment, Michael Pemstein
Michael Pemstein
Under the Noerr-Pennington doctrine defendants are immune from liability for violations of federal antitrust law that result from their efforts to influence the passage or enforcement of laws, even if the laws they advocate for, or their means of advocacy, have anticompetitive effects. Many courts have assumed that the Noerr-Pennington doctrine is based solely on the protections afforded by the First Amendment right to petition and have extended the Noerr-Pennington doctrine to a wide variety of torts outside the antitrust context based on this assumption. This article argues that these courts have failed to recognize that Noerr-Pennington’s protections are …