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Fundraising Is Not “Commercial” Activity Protected by Antitrust Law

Fundraising Is Not “Commercial” Activity Protected by Antitrust Law

Fundraising Is Not “Commercial” Activity Protected by Antitrust Law

Court says nonprofit status is not dispositive, but group can bar another from trade show access
One politically conservative nonprofit organization can bar another from the annual Conservative Political Action Conference (“CPAC”) without violating antitrust laws, a federal District Court has ruled, even if the barred organization is unable to increase its prestige, goodwill, and obtain donations. The federal District Court in Florida has held that the action is not a restraint on “trade or commerce” governed by the Sherman Act. Freedom Watch, Inc., a group founded by Larry Klayman, who was the founder and former chairman of Judicial Watch, Inc., another nonprofit conservative organization, was barred by the American Conservative Union, also a nonprofit conservative organization, from...

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