The Admissibility of Evidence Protected by Noerr-Pennington

Michael E Lewyn, Florida Coastal School of Law

Abstract

Although poliitical activity is protected from antitrust liability under the Noerr-Pennington doctrine, evidence of such activity is at times admissible to prove other antitrust violations. Such evidence, if admissible, could be used to prove anticompetitive intent, or as a 'plus factor' to prove conspiracy where the only other evidence of conspiracy is parallel conduct. However, such evidence is most likely to be admitted where it is superfluous.

Publisher Statement

Published at 3-SPG Antitrust 28 (1989).