Antitrust
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Authors
Clifford, John A.
Issue Date
1981
Type
Journal Article
Language
Keywords
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Abstract
FIRST PARAGRAPH(S)|The Eighth Circuit was faced with two cases in 1980 where the defense of implied immunity to the antitrust laws was asserted by defendants. Implied immunity can only arise where there exists a pervasive body of regulation inconsistent with enforcement of the antitrust laws. In this situation, activity taken pursuant to the regulations can be immune from antitrust challenge. The implied immunity defense differs from an express exemption from the antitrust laws, and should not be confused with the much litigated state action exemption.|In one of the cases decided in 1980, the implied immunity defense was successfully argued by Blue Cross of Kansas City, in an action brought under sections 1 and 2 of the Sherman Act by a recently constructed hospital which sought...
Description
Citation
14 Creighton L. Rev. 989 (1980-1981)
Publisher
Creighton University School of Law