Sector Regulation vs. Antitrust

Posted by D. Daniel Sokol

Some of my current research focuses on government created immunities from antitrust.  In some cases, these immunities may be explicit such as with export cartels.  In others, there is an implied immunity.  The implied immunity may be a function of the possibility of concurrent sector regulation.  The Supreme Court will examine antitrust implied immunity this term in Credit Suisse Securities (USA) LLC v. Billing in the securities area. The parties’ briefs and those of amici are available here.