12.4 Conduct Immunized by Statute

LibraryVirginia Business Torts (Virginia CLE) (2019 Ed.)

12.4 CONDUCT IMMUNIZED BY STATUTE

The Act immunizes certain conduct from its various prohibitions. Immunized conduct includes:

1. Activities of any labor or professional organization or their members that are directed solely to legitimate labor or professional objectives under Virginia or federal law; 59
2. Activities of any agricultural or horticultural cooperative or its members to the extent necessary to achieve the aims of Virginia or federal law; 60 and
3. Bona fide religious or charitable activities of any nonprofit corporation, trust or organization established exclusively for religious or charitable purposes. 61

In addition, the Act immunizes conduct that is authorized, regulated, or approved by Virginia statute 62 or by a Virginia or federal agency "having jurisdiction of the subject matter and having authority to consider the anticompetitive effect, if any, of such conduct." 63

For thirty-nine years, the Act also immunized...

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