CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – USA – PRIVATE ENFORCEMENT – ANTITRUST IMMUNITY – NOERR-PENNINGTON DOCTRINE

USA: The Court of Appeals for the Seventh Circuit applies the Noerr-Pennington doctrine in an antitrust case on the futures market (U.S. Futures exchange / Board of Trade of the City of Chicago)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Anti-trust law, whose provisions are of public order, belongs to a matter imbued with imperative nature. It is therefore very difficult for companies to escape its grasp when the loops of Section 1 or Section 2 of the Sherman Act close around them. At most, they can try to use the residency card to obtain leniency from the competition authorities, sometimes resulting in a reduction in the penalty incurred. This path of repentance, even if it is often effective, is not the exclusive path for companies. In fact, another way is possible. However, it is fraught with pitfalls. Apart from resignation, which can have a mitigating effect, companies can in certain

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  • University of Grenoble Alpes

Quotation

Walid Chaiehloudj, USA: The Court of Appeals for the Seventh Circuit applies the Noerr-Pennington doctrine in an antitrust case on the futures market (U.S. Futures exchange / Board of Trade of the City of Chicago), 23 March 2020, Concurrences N° 2-2020, Art. N° 94548, pp. 234-236

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