The Admissibility of Evidence Protected by Noerr-Pennington

Michael E Lewyn, Florida Coastal School of Law

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Published at 3-SPG Antitrust 28 (1989).

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.