Companies are increasingly using grassroots political techniques and strategic litigation to stop competitors’ projects and protect their market share. It is very common, highly effective and completely legal when properly implemented, according to a new White Paper published by The Saint Consulting Group.
“Protecting market share through lobbying, political organizing, and strategic litigation is highly effective and legally protected when done correctly,” writes Jeffrey R. Gould, senior vice president and general counsel for Saint Consulting, the land use political consultancy. “Many companies are attempting to engage in this type of anti-competitive activity but are doing so haphazardly and in a manner that violates the law and could mean real trouble for them.”
The document explains that federal courts have found that the First Amendment provides immunity for certain government petitioning activities under the Noerr-Pennington doctrine. These rulings have sanctioned the right to organize community opposition that urges government officials and agencies to deny land use permits to applicants, even when the underlying motive of the opposition is protecting market share and eliminating competition.
To read the white paper, click here Protectingmarketshare. You can also click on our website where a copy of the white paper, general press release and abstract are available on www.tscg.biz/protectingmarketshare.