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The Admissibility Of Evidence Protected By Noerr-Pennington, Michael E Lewyn

Michael E Lewyn

Although poliitical activity is protected from antitrust liability under the Noerr-Pennington doctrine, evidence of such activity is at times admissible to prove other antitrust violations. Such evidence, if admissible, could be used to prove anticompetitive intent, or as a 'plus factor' to prove conspiracy where the only other evidence of conspiracy is parallel conduct. However, such evidence is most likely to be admitted where it is superfluous.