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Note: Coverage Issues Arising From Alleged Violations of Federal Antitrust Law
Contributed by Aaron F. Mandel
The aviation industry has had its share of suits alleging violations of Section 1 of the Sherman Antitrust Act, which prohibits "[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations." In light of the Obama administration's apparent intent to step up enforcement of antitrust laws, the current legal climate is ripe for continued civil antitrust suits. The following highlights some of the potential issues in connection with an insured's demand for coverage arising out of civil suits alleging violations of Section 1.
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