Antitrust exemptions and immunities in natural resources development: illusion or reality
Exemptions and immunities relate to those instances in which conduct that would otherwise have an anticompetitive effect are insulated from application of the antitrust laws. These exemptions or the insulation occurs through two processes, one by statutory exemption and the second by judicial construction, implied immunity. There are five express exemptions: the Webb-Pomerene Trade Export Act, the provisions for cooperation with the International Energy Program under the International Energy Act, the Defense Production Act of 1950, the small-business joint-venture exemption and finally the Clayton Act section 7 exemption for mergers or acquisitions that are approved by DOE or ICC. This is one of the 1950 amendments to the Clayton Act. A discussion of these and implied exemptions reviews several court cases to see if there is a common thread to indicate future developments.
- Research Organization:
- Sullivan, Jones and Archer, San Diego, CA
- OSTI ID:
- 6259698
- Journal Information:
- Nat. Resour. Lawyer; (United States), Journal Name: Nat. Resour. Lawyer; (United States) Vol. 13:4; ISSN NRLAD
- Country of Publication:
- United States
- Language:
- English
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Related Subjects
290400 -- Energy Planning & Policy-- Energy Resources
293000* -- Energy Planning & Policy-- Policy
Legislation
& Regulation
ANTITRUST REVIEW
CASE LAW
ENERGY SOURCE DEVELOPMENT
IMMUNITY
IMPLEMENTATION
LAWS
LAWSUITS
LEGAL ASPECTS
RESOURCE DEVELOPMENT