Do US Securities Laws Allow for an Implicit Antitrust Exemption?

Posted by D. Daniel Sokol

The joint DOJ/FTC amicus brief for Credit Suisse v. Billing is available here. The Supreme Court can address an interesting question that often comes up between sector specific regulation and antitrust-- when is antitrust applicable and when as a matter of institutional choice may it yield more efficient outcomes.  Specific to this case is the question of when is there implied immunity from antitrust in securities regulation.