Noerr-Pennington Doctrine - Doctrine

Doctrine

Under the Noerr-Pennington doctrine," party who petitions the government for redress generally is immune from antitrust liability." Cheminor Drugs, Ltd. v. Ethyl Corp., 168 F.3d 119, 122 (3d Cir.), cert. denied, 528 U.S. 871, 145 L. Ed. 2d 146, 120 S. Ct. 173 (1999). Petitioning is immune from liability even if there is an improper purpose or motive. See E.R.R. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 138, 5 L. Ed. 2d 464, 81 S. Ct. 523 (1961) (holding that even if the petitioner's sole purpose was to destroy its competition through passage of legislation, petitioner would be immune); Prof'l Real Estate Investors, Inc. v. Columbia Pictures Indus., Inc., 508 U.S. 49, 56, 123 L. Ed. 2d 611, 113 S. Ct. 1920 (1993) (same).

Noerr-Pennington immunity applies to actions which might otherwise violate the Sherman Act because "the federal antitrust laws do not regulate the conduct of private individuals in seeking anticompetitive action from the government." Omni, 499 U.S. at 379-80. The antitrust laws are designed for the business world and "are not at all appropriate for application in the political arena." Noerr, 365 U.S. at 141. This was evident in Noerr, where defendant railroads campaigned for legislation intended to ruin the trucking industry. Even though defendants employed deceptive and unethical means, the Supreme Court held that they were still immune. This is because the Sherman Act is designed to control "business activity" and not "political activity." Id. at 129. With this underpinning, the Court stated, " the right of petition is one of the freedoms protected by the Bill of Rights, . . . we cannot, of course, lightly impute to Congress an intent to invade these freedoms." Noerr, 365 U.S. at 136. The antitrust laws were enacted to regulate private business and do not abrogate the right to petition.