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 -


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