Page 118 - 2021 AGD ADVOCACY

Petitioning the Government = Antitrust

Immunity

• Noerr Pennington doctrine: Private entities are

immune under antitrust laws for attempts to

influence the passage or enforcement of laws, even

if laws they advocate for would have

anticompetitive effects.

• Example: AAO petitioning state dental boards re

regulations DIY dentistry. ADA filing citizens petition with

FDA re DIY aligners.