Noerr Pennington Doctrine: Understanding the FTC Report

Preserving Immunity and Avoiding Costly Mistakes

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, February 8, 2007

Course Materials


In November, the Federal Trade Commission (FTC) issued a report on its Enforcement Perspectives on the Noerr-Pennington doctrine. The parameters of the doctrine have not been clear and the courts have not provided firm guidance.

In the report the FTC offers its views on how best to apply to doctrine and includes its staff's recommendations. The report also describes the doctrine's development and delineates its parameters.

This teleconference will examine Noerr-Pennington immunity, the FTC’s perspective on enforcement, and discuss best practices for preserving immunity and avoiding mistakes that can prove costly.



The panel will review these and other key questions:

  • What other court and FTC decisions inform counsel on antitrust immunity in petitions to government agencies?
  • How does the FTC set the parameters of the Noerr-Pennington doctrine in terms of conduct that can cost petitioners antitrust immunity?
  • What type of communications with government agencies will be shielded from antitrust charges under the FTC's view of Noerr-Pennington?


John T. Delacourt
John T. Delacourt
Special Counsel
Kelley Drye Collier Shannon

He is a member of the firm's Antitrust Practice Group. Previously, he served as Chief Antitrust Counsel of the...  |  Read More

Christopher J. Kelly
Christopher J. Kelly
Mayer Brown Rowe & Maw

He focuses on the application of antitrust law to the acquisition and use of intellectual property rights. He advises...  |  Read More

Daniel McInnis
Daniel McInnis
Akin Gump Strauss Hauer & Feld

He concentrates on antitrust matters. He has broad experience in antitrust litigation, investigations and counseling....  |  Read More