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2 Noerr-Pennington Rulings Affirm Narrow Scope Of Immunity

Law360, New York (March 17, 2017, 11:10 AM EDT) -- Elena Kamenir

Russell Cohen

Richard Goldstein The Noerr-Pennington doctrine immunizes private parties from antitrust liability when they petition the government to adopt or enforce a law.[1] Recent Federal Trade Commission and First Circuit decisions have reaffirmed that the doctrine’s application remains narrow, particularly as it applies to private conduct or actions.

In these two recent matters, defendants asserted the doctrine as an affirmative defense in two different contexts: in connection with trademark disputes in 1-800 Contacts, and in relation to standards-setting activity that was subsequently approved...
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