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.
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.
FULL STORY: Advocacy or Antitrust? Competitive Engagement and Political Advocacy Under the First Amendment

Florida Considers Legalizing ADUs
Current state law allows — but doesn’t require — cities to permit accessory dwelling units in single-family residential neighborhoods.

San Diego to Rescind Multi-Unit ADU Rule
The city wants to close a loophole that allowed developers to build apartment buildings on single-family lots as ADUs.

HUD Announces Plan to Build Housing on Public Lands
The agency will identify federally owned parcels appropriate for housing development and streamline the regulatory process to lease or transfer land to housing authorities and nonprofit developers.

Surf’s Upcycling: Hawai‘i’s Latest Green Building Material is Recycled Surf Boards
“Surf Blocks” are fire-resistant, termite-proof, and close the loop on mountains of waste from the state’s beloved sport.

Building Age-Friendly Homes
Designing for the unique needs of elderly people can help them maintain social connections and mental acuity.

Nightlife and the 15-Minute City
Plans for compact, walkable cities often don’t address nighttime concerns like transportation and lighting, which can make neighborhoods more vibrant and safe around the clock.
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