The US Court of Appeals for the Seventh Circuit rules that the campaign of a hospital holding to block a potential rival does not violate s. 2 of the Sherman Act and is protected from antitrust liability under the Noerr-Pennington doctrine (Mercatus Group / Lake Forest Hospital)

First Amendment Rights Provide Antitrust Shield for Successful Petitioning to Block Potential Rival* How far can a competitor go in an effort to convince a local government to block a potential rival from setting up shop in its area without running afoul of the antitrust laws? Last week, the U.S. Court of Appeals in Chicago ruled that a hospital was shielded from antitrust liability for allegedly making misrepresentations during local zoning proceedings and engaging in a public relations campaign in its effort to prevent the opening of a competing “physician center.” The challenged conduct was protected by the so-called Noerr-Pennington doctrine. Summary judgment in favor of the hospital (695 F.Supp2d 811, CCH 2010-1 Trade Cases ¶76,919) was affirmed. The action was brought

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  • Wolters Kluwer (Riverwoods)

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Jeffrey May, The US Court of Appeals for the Seventh Circuit rules that the campaign of a hospital holding to block a potential rival does not violate s. 2 of the Sherman Act and is protected from antitrust liability under the Noerr-Pennington doctrine (Mercatus Group / Lake Forest Hospital), 26 May 2011, e-Competitions Due Process Research Program, Art. N° 36530

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