(University of Oregon School of Law, 2011) Varney, Christine A.
I am pleased to be here today to speak about an important issue in
American antitrust law: immunities and exemptions that limit or
preclude the application of antitrust laws to certain conduct or
industries. The core message of my remarks today is that the
changing dynamics of many industries coupled with the increasing
analytical rigor that courts and antitrust enforcement agencies apply
should alleviate the concerns that have been cited by advocates of
exemptions. Free market competition is a fundamental and core
principle of this country. As the bipartisan Antitrust Modernization
Commission recognized, just as private constraints on competition
can be harmful to consumer welfare, so can government restraints.
Thus, the use of such restraints should be minimized.
