The Noerr-Pennington Doctrine

This handbook will be a valuable addition to the debate over how the antitrust laws should be applied to collective and unilateral efforts to influence government action for allegedly anticompetitive ends, as well as a valuable resource in applying the Noerr-Pennington doctrine.
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This book expands and updates information that was presented originally in the Section's 1993 and 2009 publications on the Noerr-Pennington Doctrine. Among other new developments, this update considers the Supreme Court’s decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc. (2014).

This handbook will contribute to your understanding of this fascinating and challenging area of antitrust law. It will be a valuable addition to the debate over how the antitrust laws should be applied to collective and unilateral efforts to influence government action for allegedly anticompetitive ends, as well as a valuable resource in applying the Noerr-Pennington doctrine.

Listing of Chapters:

  1. The Noerr-Pennington Doctrine Defined
  2. The Sources of the Noerr-Pennington Doctrine
  3. The Basis of the Noerr-Pennington Doctrine: Statutory Construction Versus the First Amendment
  4. What Encompasses Petitioning?
  5. What Do We Mean by Government?
  6. The Exceptions to the Immunity
  7. The Practical Side of Noerr-Pennington

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