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Mercatus Group, LLC v. Lake forest hospital

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ARGUED NOVEMBER 4, 2010

Before BAUER, MANION, and HAMILTON, Circuit Judges.

The First Amendment of the Constitution states that Congress shall make no law abridging the “right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Under the Noerr-Pennington doctrine, federal antitrust laws have been interpreted to protect these First Amendment rights by immunizing petitioning activity from liability. In this appeal from the district court’s grant of summary judgment for defendant-appellee Lake Forest Hospital, we must decide whether that doctrine shelters from antitrust liability one competitor’s alleged misrepresentations about another made during and in relation to local zoning proceedings. We conclude that it does. Because nothing else in the record is sufficient to make out a claim for liability under the antitrust laws, we affirm.

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