One Court’s Cynical View Of The Legislative Process

Law360, New York (June 10, 2011, 12:16 PM EDT) -- The Seventh Circuit confirmed recently the breadth of the immunity from the antitrust laws that the First Amendment grants to defendants. The somewhat broader scope of immunity was unsurprising for seasoned antitrust practitioners, but the language the court used gives a stunning view of what judges — and perhaps other Americans — think of the political process.

In the May 26 decision of Mercatus Group LLC v. Lake Forest Hospital, the Seventh Circuit upheld a summary judgment in favor of the defendant.

Mercatus planned to develop...
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