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FTC ALJ Dismisses Standard Setting Complaint Against Unocal Based On Noerr-Pennington Doctrine

By Carlton A. Varner of Sheppard, Mullin, Richter & Hampton LLP

Relying largely on the Noerr-Pennington doctrine, the FTC dismissed a complaint against the Union Oil Company of California brought by the Commission staff. This decision represents a significant setback to the Commission's efforts to narrow the scope of the Noerr-Pennington doctrine, and its efforts to police alleged abuses of the standard setting process.


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