The Basics of Antitrust E&I

Statutes & Caselaw: There are a number of statutory and judge-made exemptions and immunities that limit the operation of the antitrust laws in particular situations or with regard to particular industries or actors. This Page will highlight the major antitrust exemptions and immunities.

Presumption Against Exclusions: Because the "regime of competition" is the fundamental policy behind our national commerce, the Supreme Court has made it clear that there is a presumption against any exclusion from the antitrust law, and that any exclusion granted by Congress or created by a court will be narrowly applied and narrowly construed. For example, see the Lafayette decision, cited as Lafayette v. Louisiana Power & Light Co, 435 U.S. 389 (1977).

ABA E&I Committee The Exemptions and Immunities Committee of the ABA Antitrust Section maintains a useful web site, with information on many aspects of antitrust E&I. The Committee focuses on the state action, Noerr-Pennington, and labor immunities from the antitrust laws, as well as implied exemptions, and the filed rate and primary jurisdiction doctrines. The E&I Newsletter contains summaries and reviews of recent E&I cases and covers current topics.