Sec. 404. Antitrust immunity
241 words·~1 min read·
/bill/117/s/2039/is/section-404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (b), the Sherman Act ( 15 U.S.C. 1 et seq. ) shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, if— the requirements under section 405 of this title are satisfied; or the requirements under section 406 of this title are satisfied. The immunity provided under subsection
(a)shall not apply to any action of an occupational licensing board of a State, or any action of a member, officer, or employee of the board acting in the official capacity of that member, officer, or employee, unless the State acts in good faith to perform the applicable requirements under section 405 or 406 of this title. The fact that a State governmental entity or procedure was established before the date of enactment of this Act shall not prevent an occupational licensing board of the State, or a member, officer, or employee of that board, from qualifying for immunity under subsection
(a)if the State governmental entity or procedure satisfies the applicable requirements under section 405 or 406 of this title. The immunity provided under subsection
(a)shall not apply to an action unrelated to regulating the personal qualifications required to engage in or practice a lawful occupation, such as rules of an occupational licensing board governing minimum prices or residency requirements.
Connectionstraces to 1
Traces to 1 document