Add to ORKGSpecifically, this Article examines whether settlement agreements and consent decrees resulting from what would otherwise be immunized litigation are protected from antitrust scrutiny and liability under Noerr. In order to conduct this analysis, this Article develops a methodology for determining immunity by focusing the immunity examination upon the means used to petition government and the source of the alleged injuries. Ultimately, private conduct is immune from antitrust scrutiny when it represents a valid attempt to persuade an independent governmental decision-maker in an effort to solicit government action, and the alleged injuries result from that persuasive effort. The validity of any effort depends upon the forum in which the peti...
If the antitrust remedy a private party pursues would likely have anticompetitive consequences, woul...
We explore in this Article the basis and consequences of the target\u27s suit under the antitrust la...
This Note argues that American courts should mitigate the impact of the PTIA on American antitrust l...
Specifically, this Article examines whether settlement agreements and consent decrees resulting from...
It is a reflection of the subtle relationship between legal doctrine and the larger social context i...
This Article focuses on two limits to federal antitrust law—the Noerr-Pennington and state action do...
This article begins with a discussion of the development of Noerr-Pennington immunity as it applies ...
Section 1 of the Sherman Act makes it unlawful for persons to engage in a combination or conspiracy,...
I. Introduction II. The Development and Restriction of State Action Immunity for Cities: The Parker ...
The Noerr-Pennington doctrine, created by the Warren Court in the 1960s, has come to signify an impo...
The Parker v. Brown (or “state action”) doctrine and the Eleventh Amendment of the Constitution impo...
The Parker v. Brown (or “state action”) doctrine and the Eleventh Amendment of the Constitution impo...
The collateral order doctrine is perhaps the most significant exception to the general rule that onl...
Several recent developments have shifted the attention of legal minds to an area of administrative l...
The purpose of this article is to examine the dimensions of an individual\u27s Fifth Amendment privi...
If the antitrust remedy a private party pursues would likely have anticompetitive consequences, woul...
We explore in this Article the basis and consequences of the target\u27s suit under the antitrust la...
This Note argues that American courts should mitigate the impact of the PTIA on American antitrust l...
Specifically, this Article examines whether settlement agreements and consent decrees resulting from...
It is a reflection of the subtle relationship between legal doctrine and the larger social context i...
This Article focuses on two limits to federal antitrust law—the Noerr-Pennington and state action do...
This article begins with a discussion of the development of Noerr-Pennington immunity as it applies ...
Section 1 of the Sherman Act makes it unlawful for persons to engage in a combination or conspiracy,...
I. Introduction II. The Development and Restriction of State Action Immunity for Cities: The Parker ...
The Noerr-Pennington doctrine, created by the Warren Court in the 1960s, has come to signify an impo...
The Parker v. Brown (or “state action”) doctrine and the Eleventh Amendment of the Constitution impo...
The Parker v. Brown (or “state action”) doctrine and the Eleventh Amendment of the Constitution impo...
The collateral order doctrine is perhaps the most significant exception to the general rule that onl...
Several recent developments have shifted the attention of legal minds to an area of administrative l...
The purpose of this article is to examine the dimensions of an individual\u27s Fifth Amendment privi...
If the antitrust remedy a private party pursues would likely have anticompetitive consequences, woul...
We explore in this Article the basis and consequences of the target\u27s suit under the antitrust la...
This Note argues that American courts should mitigate the impact of the PTIA on American antitrust l...