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.
Read the full story: Advocacy or Antitrust? Competitive Engagement and Political Advocacy Under the First Amendment
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
Amtrak, CN end decades-long dispute with eight-year agreement
The new operating agreement establishes an updated framework for the companies to work together, including processes to resolve disputes.
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Alabama scores up to $2.5 billion federal loan for largest infrastructure project in state’s history
The Mobile River Bridge and Bayway Project aims to ease congestion at Alabama’s worst bottleneck.
Trump is considering data centers on 6 states' public land — some state officials say they had no idea
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Despite court ruling, Trump is keeping nearly all wind projects in the US on hold
At least 110 wind energy projects have not heard from the government since a federal judge ruled that the Trump administration's freeze on wind turbine clearances was likely illegal.
FREE Course: Walkable City 1: Why Walkability?
After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.
Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold
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KFH Group Inc.
Greater Baltimore Committee
Eagle County Government
The Architects Foundation
University of Cincinnati Online
The Pocatello Development Authority
The Urban Renewal Agency of the City of Pocatello