What Are The Available Exemptions To Antitrust Liability?

Congress and the federal courts have-over time-created several exemptions or immunities to antitrust liability.

The US Supreme Court in National Society of Professional Engineers v. United States explained that "The Sherman Act reflects a legislative judgment that ultimately competition will produce not only lower prices, but also better goods and services." 435 U.S. 679, 695 (1978). And "[t]he heart of our national economy long has been faith in the value of competition." Id.

National Society of Professional Engineers holds, effectively, that those that think that they should not be subject to competition-for whatever reason-don't get a free pass.

But there are several situations that do create limited exemptions to federal antitrust liability. Importantly, however, the US Supreme Court has repeatedly emphasized that courts should narrowly interpret these exemptions.