Last week, the U.S. District Court for the Southern District of
Texas dismissed antitrust claims against Easi‑Set Industries.
Plaintiff Tricon Precast claimed Easi‑Set violated the
Sherman Act and Texas Antitrust Act when it successfully lobbied
the Texas Department of Transportation to require concrete traffic
barriers use a V‑shape design that Easi‑Set previously
trademarked and licenses to other manufacturers, including Tricon.
Tricon alleged that Easi‑Set's objective was to become
"the sole supplier of precast concrete barriers," and
"maintain its monopoly position through improper means rather
than through a superior product, business acumen, or historic
accident."
The court held that the Noerr-Pennington doctrine shielded
Easi‑Set's lobbying conduct from antitrust liability.
Noerr‑Pennington bars antitrust claims based on conduct that
is reasonably calculated or genuinely intended to petition
government decisionmakers for action, even if the outcome of
