What is the doctrine of primary jurisdiction?

The doctrine of primary jurisdiction is a legal concept that deals with situations in which a court should defer to an administrative agency’s decision-making authority in some matters. This means that the court will not hear a case until the appropriate administrative agency has had the chance to decide the issue first. The doctrine of primary jurisdiction is applicable in the context of unfair competition law in Massachusetts. This means that a court will not hear a case regarding a dispute under the state’s unfair competition laws until the appropriate administrative agency has had the chance to determine whether the particular practice in question is in violation of such laws. For example, if the dispute involves a false advertising claim, the court will not hear the case until the Massachusetts Attorney General’s office, the state agency responsible for investigating such claims, has had a chance to review the matter and make a determination. The doctrine of primary jurisdiction helps ensure that parties in a dispute under Massachusetts’ unfair competition law are heard by the appropriate administrative agency first. This allows the administrative agency to make an informed decision before the case is heard by a court and prevents the court from having to make a decision that is outside its area of expertise.

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What is the doctrine of primary jurisdiction?

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