In Re: Stock Exchanges Options Trading Antitrust Litigation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[T]he Commission has taken varied positions with respect to the appropriateness of multiplicity .... ”
• “Most immunities are affirmative defenses. . . . Affirmative defenses can be waived; lack of subject matter jurisdiction cannot be waived.” (internal citations omitted)
• “Most immunities are affirmative defenses. . . . Affirmative defenses can be waived; lack of subject matter jurisdiction cannot be waived.” (internal citations omitted)
• “[T]he proper focus is not on the Commission’s current regulatory position but rather on the Commission’s authority to permit conduct that the antitrust laws would prohibit.”
• “The appropriateness of an implied repeal ... turns on whether the antitrust laws conflict with an overall regulatory scheme that empowers the agency to allow conduct that the antitrust laws would prohibit.”
• “To be sure, antitrust immunity is not to be presumed from the mere existence of overlapping authority; rather the analysis must focus on the ‘potential’ for ‘conflicts between the antitrust laws and a[n authorized] regulatory scheme.’ ”

Source: CourtListener parenthetical corpus (CC0).