Advocacy or Antitrust? Competitive Engagement and Political Advocacy Under the First Amendment

The Saint ReportBusiness, Politicians and Planning, Referendum/initiative, saintblog

Fierce business competitors have to step lightly to avoid liability under expansive American antitrust law and Anglo-American ‘commercial interference’ torts. However, both federal and state courts have increasingly interpreted the American constitutional guarantee of the freedom to petition the government as shielding competitors who engage each other in political or legal contexts. In-house practitioners should be aware of the shifting … Read More