Which of the following is an exception to the Noerr doctrine?
A)a petition that is filed unilaterally by one party
B)an identical petition filed independently by two parties without concerted action
C)a petition that is filed in good-faith
D)a petition that is unlikely to succeed on its merits

Question

Quizplus · Accepted Answer

The Noerr doctrine generally protects parties who petition the government for redress of grievances from liability for antitrust violations. However, an exception to this doctrine exists when the petition is found to be "sham litigation." This occurs when the petition is objectively baseless and is filed with the intent to cause harm to a competitor. Therefore, a petition that is unlikely to succeed on its merits (choice D) could be considered a sham litigation and an exception to the Noerr doctrine. Choices A, B, and C do not represent exceptions to the Noerr doctrine.

Which of the Following Is an Exception to the Noerr