Abrams, Commins, Foix: "United States Private Antitrust Litigation: Exemptions and Immunities," Global Competition Review's The Antitrust Review of the Americas 2015

Articles / January 15, 2015

Robert G. Abrams, Gregory J. Commins, Danyll W. Foix, and Edmund W. Searby authored chapters for the 2015 edition of Global Competition Review’s The Antitrust Review of the Americas. Abrams, Commins, and Foix co-authored the chapter entitled, “United States: Private Antitrust Litigation – Exemptions and Immunities.” They wrote:

US law is littered with dozens of immunities and exemptions that limit or preclude the application of antitrust laws. While some immunities and exemptions exist by virtue of legislation, many have been created by federal courts. As a result, determining whether the antitrust laws apply to a particular course of conduct frequently requires consideration of potential exemptions and immunities as well as any developments in statutory or case law. The past year has seen developments in several immunities and exemptions, the most significant being the Supreme Court’s ongoing explanation of state action immunity. Other courts are also poised to provide guidance on exemptions for the agriculture and baseball industries. These unfolding developments could affect local governments, businesses, and consumers in the US.

The chapter includes sections on immunities and exemptions, state action immunity developments, and industry-specific exemptions.

Searby authored the chapter entitled, “United States: Private Antitrust Litigation – Class Actions.” He wrote:

As many appreciate, two Supreme Court decisions in the last seven years have assisted the defense of antitrust class actions. The first and most significant is the enhancement of pleading standards. Second, the Supreme Court addressed the standards for class certification in terms that at the very least require greater rigour in class certification. While neither Supreme Court decision is new, we review in this article recent cases to see how these decisions have affected the prosecution of antitrust class actions.

The chapter includes sections on motions to dismiss under Twombly, class certification, case filings, and settlements.

The 18th annual edition of The Antitrust Review of the Americas covers hot topics in the US, Canada and Brazil including: Cartels, Energy, Foreign Investment, Joint Ventures, IP & Antitrust, Mergers, Private Enforcement, Private Equity, Technology and Vertical Restraint. Government officials discuss current enforcement and priorities for the year ahead in the US, Canada, Barbados, Brazil, Colombia, Mexico and Nicaragua.

Read the chapter, “United States: Private Antitrust Litigation – Exemptions and Immunities.”

Read the chapter, “United States: Private Antitrust Litigation – Class Actions.”

Extracts from The Antitrust Review of the Americas 2015 -


In The Blogs

Previous Next
Antitrust Advocate
Franchise No-Poach Agreements: Is Reform on The Horizon?
By Tyson Y. Herrold
January 6, 2021
In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued Joint Guidance for Human Resource Professionals warning that no-poach agreements restricting employee hiring may violate the antitrust laws.[1] That...
Antitrust Advocate
Webinar: Antitrust Issues in the Food Industry During the Pandemic
September 10, 2020
Wednesday, September 23, 2020 | 2:00 p.m. – 3:00 p.m. EDT | Register Now You’re invited to join BakerHostetler’s Antitrust and Competition team for a discussion of antitrust issues in the food industry amid the current pandemic. This...
Antitrust Advocate
NCAA, COVID and Paying Players: Negotiating Payment in the Midst of a Pandemic
September 10, 2020
In May, three judges on the U.S. Court of Appeals for the Ninth Circuit ruled unanimously against the NCAA in its appeal of the lower court decision, finding that the organization’s policies that prohibit student-athletes from being...
Antitrust Advocate
Big Day for Big Tech: CEOs Testify in House Antitrust Hearing
By Joshua J. Jowdy, Ann M. O'Brien
August 4, 2020
On Wednesday, July 29, 2020, the House Judiciary Committee’s Subcommittee on Antitrust conducted its sixth hearing into online platforms and market power, welcoming as witnesses the chief executive officers of Amazon, Apple, Google, and...
Antitrust Advocate
DOJ Takes a Stance on Section 230 Reform that Could Place Additional Burdens on Online Platforms
By Linda A. Goldstein, Darley Maw, Ann M. O'Brien
July 24, 2020
The Department of Justice (DOJ) recently outlined proposed reforms to Section 230 of the Communications Decency Act of 1996.[1] Section 230 has been in place since the early days of the Internet and protects online platforms from liability...