Exemptions & Immunities
Exemptions and immunities from the antitrust laws are contrary to national policy favoring competition and are often unnecessary, protectionist, or pernicious.
Although many exemptions and immunities are intended to honor important societal values, opportunistic defendants often rely on these protections to shelter inappropriate, anticompetitive behavior. The state-action doctrine, Noerr-Pennington doctrine, implied immunity and a variety of other protections are subject to abuse. AAI vigorously advocates against expansive interpretations of existing exemptions and immunities and warns against the anticompetitive consequences of any further efforts to displace the antitrust laws.