Stopping Development—How Far Is Too Far?

Fierce business competitors have to step lightly to avoid liability under American antitrust law and 'commercial interference' torts. A recent report takes a comprehensive look at where the line is when it comes to stopping a development project.

1 minute read

July 12, 2015, 5:00 AM PDT

By Patrick Fox


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 boundaries of First Amendment protection of these activities and develop in-house best practices to ensure both compliance and encourage engagement. Competition law in the United States, primarily the Sherman Antitrust Act, 15 U.S.C. §§ 1-7, fosters fair competition in part by proscribing ‘anticompetitive behavior’. A set of Supreme Court cases, and their progeny in the lower courts, have clarified for business competitors that there can be no ‘anticompetitive behavior’—and thus no antitrust liability—in the political arena. At company headquarters, the relationships your regional offices build and maintain with local government and the local community can seem abstract. And it is probably good practice to leave local government and community affairs work to the local offices, who have requisite sensitivity and knowledge to deal with local law and regulations. Advocacy at the local level is key.

Friday, July 10, 2015 in The International In-house Counsel Journal

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 30, 2025 - Diana Ionescu

Close-up on Canadian flag with Canada Parliament building blurred in background.

Canada vs. Kamala: Whose Liberal Housing Platform Comes Out on Top?

As Canada votes for a new Prime Minister, what can America learn from the leading liberal candidate of its neighbor to the north?

April 28, 2025 - Benjamin Schneider

Washington

Washington State’s Parking Reform Law Could Unlock ‘Countless’ Acres for New Housing

A law that limits how much parking cities can require for residential amd commercial developments could lead to a construction boom.

3 hours ago - Streetsblog USA

Bluebird sitting on branch of green bush.

Wildlife Rebounds After the Eaton Fire

Following the devastation of the Eaton Fire, the return of wildlife and the regrowth of native plants are offering powerful signs of resilience and renewal.

4 hours ago - AP News

1984 Olympics

LA to Replace Inglewood Light Rail Project With Bus Shuttles

LA Metro says the change is in response to community engagement and that the new design will be ready before the 2028 Olympic Games.

5 hours ago - Newsweek

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.