Sec. 7. Limitations on implied immunity from the antitrust laws
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/bill/116/s/3426/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any action or proceeding to enforce the antitrust laws with respect to conduct that is regulated under Federal statute, no court or adjudicatory body may find that the Federal statute, or any rule or regulation promulgated in accordance with the Federal statute, implicitly precludes application of the antitrust laws to the conduct unless— a Federal agency or department actively regulates the conduct under the Federal statute; the Federal statute does not include any provision preserving the rights, claims, or remedies under the applicable antitrust laws or under any area of law that includes the antitrust laws; and Federal agency or department rules or regulations, adopted by rulemaking or adjudication, explicitly require or authorize the defendant to undertake the conduct.
In any action or proceeding described in subsection (a), the antitrust laws shall be applied fully and without qualification or limitation, and the scope of the antitrust laws shall not be defined more narrowly on account of the existence of Federal rules, regulations, or regulatory agencies or departments, unless application of the antitrust laws is precluded or limited by— an explicit exemption from the antitrust laws under a Federal statute; or an implied immunity that satisfies the requirements under subsection (a).