Handbook on the Scope of Antitrust


Handbook on the Scope of Antitrust


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Throughout its life, federal antitrust law has been subject to literally dozens of limitations. Specific statutory exemptions have existed since 1914 and currently about 30 of them remain in force. Antitrust is likewise limited by several distinct, voluminous bodies of caselaw that set out judicially created exemptions, to shield politics, labor, and a broad range of industries subject to other regulation. Several of these doctrines have become complex and uncertain. The scope of antitrust, in other words, now comprises a substantial body of law in its own right. This new Handbook on the Scope of Antitrust offers a first-of-its-kind, user-friendly solution in the form of a one-stop, black-letter-focused book of practical guidance on all exemptions and immunities issues, treating them in an integrated fashion as components of one body of law. --from ABA


The domestic scope of antitrust, unadulterated
The international scope of U.S. antitrust
Antitrust and the Constitution
The Noerr-Pennington doctrine or "petitioning" immunity
The state action doctrine and litigation against state and local governments
The doctrines of implied repeal and the federal instrumentality rule
The Keogh or "filed-rate" doctrine
The doctrine of primary jurisdiction
Antitrust and organized labor
Antitrust and agriculture
Innovation and entrepreneurship
Antitrust and the media
Antitrust and sports
Statutory exemptions for regulated industries
Targeted statutory exemptions and reversals of disfavored judicial decisions
Certain procedural issues common to scope matters



Publication Date



American Bar Association, Section of Antitrust Law


Chicago, Illinois




Antitrust and Trade Regulation | Law