Are there any defenses against antitrust violations?

Yes, there are certain defenses that can be used to protect against antitrust violations. In California, a person or entity may be able to assert certain defenses to antitrust violations. These defenses can include statutory immunity, the first amendment, state action immunity, and the Noerr-Pennington doctrine. Statutory immunity allows for certain activities to be exempt from antitrust liability, including activities carried out as a result of a statute, legislative act, or court order. The first amendment allows for limited protection from antitrust liability for certain activities that are deemed to be a form of protected speech, such as publishing. State action immunity is a defense that allows states to be exempt from antitrust liability for certain activities that are authorized under state or federal law, or that are part of "state action." The Noerr-Pennington doctrine is a defense that allows for certain activities that are in-line with the public interest and lack competitive purpose to be exempt from antitrust liability. In addition, a party charged with an antitrust violation may be able to assert the defense of “business justification,” which requires that the challenged action had a legitimate business purpose and that the competitive harm outweighed any benefits derived from the conduct. Ultimately, the best defense against an antitrust violation is to understand and comply with the antitrust laws. By understanding the applicable laws and taking steps to avoid antitrust violations, businesses can be better prepared to protect themselves.

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Are there any defenses against antitrust violations?

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