DOJ Seeks to Erode Florida Bar’s Antitrust Immunity

The U.S. Department of Justice says that the Florida Bar shouldn’t be able to get out of an antitrust claim based on state actor immunity without jumping through some hoops first.

The DOJ’s antitrust division Mar. 12 told the U.S. District Court for the Southern District of Florida that to trigger immunity from antitrust liability, the Florida Bar should have to demonstrate two prongs of the “state action doctrine"—that the bar’s conduct was taken pursuant to “clearly articulated” state policy and that the bar is “actively supervised” by the state.

The filing came in a case where TIKD Services, LLC ...