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Noerr-Pennington can’t derail Oklahoma criminal bid-rigging case, US DOJ says

( February 11, 2025, 23:29 GMT | Official Statement) -- MLex Summary: The US Department of Justice is not aware of a single case where a court has dismissed a criminal antitrust indictment alleging a per se violation of Section 1 of the Sherman Act based on the Noerr-Pennington doctrine, the agency told an Oklahoma federal judge overseeing a bid-rigging and price-fixing case. “Noerr-Pennington would not immunize a conspiracy among private competitors whose immediate objective was to rig bids or fix prices, even if the conspirators additionally wished to influence government action,” the DOJ said in brief filed in the Western District of Oklahoma opposing a motion to dismiss charges involving Oklahoma transportation project contractors.See attached file....

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