construction national labor relations board et argued april decided june petitioner contract modernize steel mill mill owner filed federal lawsuit respondent unions claiming unions engaged lobbying litigation concerted activities order delay project petitioner nonunion employees ultimately petitioner lost withdrew claims meantime two unions lodged complaints petitioner respondent national labor relations board board federal proceedings ended board general counsel issued administrative complaint alleging petitioner filing maintaining lawsuit violated national labor relations act nlra prohibits employers restraining coercing interfering employees exercise rights related collective bargaining concerted activities board ruled general counsel favor finding lawsuit unmeritorious claims dismissed voluntarily withdrawn prejudice filed retaliate unions whose conduct protected nlra ordered petitioner cease desist prosecuting suits post notice employees acknowledging board finding promising pursue litigation future pay unions legal fees expenses incurred lawsuit sixth circuit granted board enforcement petition relying bill johnson restaurants nlrb held judiciary already found petitioner claims unions unmeritorious dismissed evidence simple retaliatory motive sufficed adjudge petitioner committing unfair labor practice also rejected petitioner argument professional real estate investors columbia pictures industries baseless sham suits restrict otherwise unfettered right seek resolution differences finding case inapplicable immunity standard established antitrust context held board standard imposing liability invalid pp right petition one precious liberties safeguarded bill rights considered right interpreting federal law recognizing antitrust context example genuine petitioning immune liability sham petitioning definition adopted professional real estate investors requires sham antitrust litigation must objectively baseless reasonable litigant realistically expect success merits litigant subjective motivation must conceal attempt interfere directly competitor business relationship use governmental process anticompetitive weapon suit raises underlying issue litigation may found violate federal law respect nlra recognizing connection previously decided board enjoin lawsuits analogizing antitrust context holding board enjoin ongoing baseless suits brought retaliatory motive however issue standard declaring completed suits unlawful bill johnson addressed issue dicta noting standard allow board declare lost withdrawn suit violated nlra retaliatory however issue bill johnson ongoing suits consider precise scope term retaliation although statements regarding completed litigation intended guide proceedings expressly order board adhere prior unlawfulness finding stated standard exercising customary refusal bound dicta turns question presented pp objective component professional real estate investors sham litigation standard protects reasonably based petitioning antitrust liability subjective component also protects petitioning unmotivated anticompetitive intent whether reasonably based board argues broad immunity necessary antitrust context treble damages remedy privately initiated lawsuits unnecessary labor law context adjudication launched solely private action board issue punitive remedies arguments show nlra poses less burden petitioning burdens raise first amendment concerns board may declare reasonably based unsuccessful retaliatory lawsuit violates nlra resulting illegality finding burden finding also poses threat reputational harm different additional burden imposed penalties identified burden must examine petitioning activity affects bill johnson said board enjoin baseless retaliatory suits fell outside first amendment thus analogous false statements issue however class reasonably based unsuccessful lawsuits whether class falls outside petition clause least presents difficult constitutional question given following considerations first even though lawsuits class unsuccessful class includes suits involving genuine grievances genuineness turn whether grievance succeeds second even unsuccessful reasonably based suits advance first amendment interests finally analogy baseless suits false statements directly extend suits unsuccessful reasonably based board confines penalties unsuccessful suits brought retaliatory motive must also consider significance particular limitation fairly included within question presented pp board definition retaliatory suit one brought motive interfere exercise protected nlra rights covers substantial amount genuine petitioning example employer suit stop employer reasonably believes illegal union conduct may interfere deter employees exercise nlra rights employer motive still reflects subjectively genuine desire test conduct legality declaring suit illegal affects genuine petitioning board also claims rely evidence antiunion animus infer retaliatory motive yet ill uncommon litigation first amendment contexts found problematic regulate demonstrably false expression based presence ill thus difficult constitutional question made significantly easier board retaliatory motive limitation final question whether light nlra important goals board may nevertheless burden unsuccessful reasonably based suit brought retaliatory purpose speech burdens different antitrust context still faced difficult constitutional question whether class petitioning may declared unlawful substantial portion subjectively objectively genuine avoided similarly difficult first amendment issue edward debartolo florida gulf coast building constr trades council adopting limiting construction relevant nlra provision section prohibition interfering restraining coercing facially broad prohibition debartolo need read broadly reach entire class cases board deemed retaliatory nothing text indicates must read reach reasonably based unsuccessful suits filed retaliatory purpose declines board standard imposing nlra liability allows penalize suits standard invalid pp reversed remanded delivered opinion rehnquist scalia kennedy thomas joined scalia filed concurring opinion thomas joined breyer filed opinion concurring part concurring judgment stevens souter ginsburg joined construction company petitioner national labor relations board et al writ certiorari appeals sixth circuit june justice delivered opinion petitioner sued respondent unions claiming lobbying litigation concerted activities violated federal labor law antitrust law petitioner lost withdrew claims national labor relations board decided petitioner violated federal labor law prosecuting unsuccessful suit retaliatory motive appeals affirmed find board lacked authority assess liability using standard reverse remand petitioner industrial general contractor received contract modernize california steel mill near beginning according petitioner various unions attempted delay project petitioner employees nonunion ibid september petitioner mill operator filed suit unions district northern district california app pet cert suit based following basic allegations first unions lobbied adoption enforcement emissions standard despite real concern project harm environment second unions handbilled picketed petitioner site also encouraged strikes among employees petitioner subcontractors without revealing reasons disagreement ibid third delay construction project raise costs unions filed action state alleging violations california health safety code finally unions launched grievance proceedings petitioner joint venture partner based inapplicable collective bargaining agreements initially petitioner mill operator sought damages relations act lmra stat amended provides cause action labor organizations injuries caused secondary boycotts prohibited district granted unions motion summary judgment plaintiffs claims plaintiffs amended complaint allege unions activities violated sherman act stat amended prohibit certain agreements restraint trade monopolization attempts monopolize district dismissed amended complaint however realleged claims already decided district also dismissed plaintiffs claim regarding unions state lawsuit since plaintiffs evidence suit reasonably based two unions plaintiffs sued never parties state action plaintiffs filed second amended complaint included remaining claims realleged claims already decided ibid app district dismissed decided claims imposed sanctions plaintiffs federal rule civil procedure point mill operator dismissed remaining claims prejudice ibid district granted summary judgment unions petitioner antitrust claim petitioner unable show unions formed combination nonlabor entities illegitimate purpose ibid petitioner dismissed remaining claims appealed appeals ninth circuit affirmed dismissal petitioner antitrust claim held district erred requiring petitioner prove unions combined nonlabor entities illegitimate purpose found error harmless since unions antitrust immunity lobbying officials petitioning courts agencies unless activity sham industries contra costa county bldg const trades council petitioner argue unions litigation activity objectively baseless maintained unions engaged pattern automatic petitioning governmental bodies without regard merits said petitions ibid internal quotation marks omitted emphasis added ninth circuit allowed petitioner claim proved overcome unions antitrust immunity rejected nonetheless fifteen actions filed unions proven successful fact half actions turn merit reconciled charge unions filing without regard success omitted ninth circuit reversed district award rule sanctions however petitioner explained realleged decided claims based circuit precedent suggesting necessary preserve appeal ibid although ninth circuit decided rule apply amended complaints following summary judgment held petitioner view frivolous counsel blamed err ing side caution meantime two unions lodged complaints petitioner national labor relations board board federal proceedings ended board general counsel issued administrative complaint petitioner alleging violated national labor relations act nlra stat amended filing maintaining federal lawsuit app pet cert section prohibits employers restraining coercing interfering employees exercise rights related collective bargaining concerted activities panel board addressed summary judgment ruled favor general counsel panel determined petitioner federal lawsuit unmeritorious petitioner claims dismissed voluntarily withdrawn prejudice app pet cert panel examined whether petitioner suit filed retaliate unions engaging activities protected nlra panel first concluded unions conduct protected activity decided petitioner lawsuit unlawfully motivated directed protected conduct necessarily tended discourage similar protected activity petitioner admitted filed suit stop certain nion conduct believed unprotected panel found additional evidence retaliatory motive petitioner sued unions parties state lawsuit panel also found evidence retaliatory motive petitioner lmra claims utter absence merit dismissed summary judgment determining petitioner suit violated nlra unsuccessful retaliatory panel ordered petitioner cease desist prosecuting suits post notice employees admitting found violated nlra promising pursue litigation future panel also ordered petitioner pay unions legal fees expenses incurred defense federal suit petitioner sought review board decision appeals sixth circuit board enforcement order sixth circuit granted board petition relying bill johnson restaurants nlrb sixth circuit held judicial branch government already determined petitioner claims unions unmeritorious dismissed evidence simple retaliatory motive suffice adjudge petitioner committing unfair labor practice rejected petitioner argument professional real estate investors columbia pictures industries baseless sham suits serve restrict otherwise unfettered right seek resolution differences instead decided professional real estate investors inapplicable immunity standard established antitrust context without reference standard determining completed litigation violates nlra sixth circuit found substantial evidence supported board inference retaliatory motive petitioner filed unmeritorious suit realleged previously decided claims sought treble damages antitrust claim sought damages unions parties state suit also upheld board award attorney fees petitioner sought review sixth circuit judgment petition certiorari raised four separate questions granted certiorari following rephrased question appeals err holding bill johnson restaurants nlrb nlrb may impose liability employer filing losing retaliatory lawsuit even employer show suit objectively baseless professional real estate investors columbia pictures industries reverse judgment sixth circuit remand ii first amendment provides relevant part congress shall make law abridging right people petition government redress grievances recognized right petition one precious liberties safeguarded bill rights mine workers illinois bar explained right implied idea government republican form cruikshank also considered right petition interpreting federal law antitrust context example held sherman act prohibit persons associating attempt persuade legislature executive take particular action respect law produce restraint monopoly eastern railroad presidents conference noerr motor freight based interpretation part principle lightly impute congress intent invade freedoms protected bill rights right petition later made clear antitrust immunity shields sherman act concerted effort influence public officials regardless intent purpose mine workers pennington antitrust immunity principles extended situations groups use courts advocate causes points view respecting resolution business economic interests competitors california motor transport trucking unlimited emphasis added thus made explicit right petition extends departments government right access courts one aspect right petition even however emphasized immunity extend illegal reprehensible practice may corrupt judicial proces hearkening back earlier statement antitrust immunity extend lobbying ostensibly directed toward influencing governmental action mere sham cover actually nothing attempt interfere directly business relationships competitor noerr supra line cases thus establishes genuine petitioning immune antitrust liability sham petitioning professional real estate investors adopted definition sham antitrust litigation first must objectively baseless sense reasonable litigant realistically expect success merits second litigant subjective motivation must concea attempt interfere directly business relationships competitor use governmental process opposed outcome process anticompetitive weapon internal quotation marks omitted emphasis original suit violate antitrust laws must sham objectively subjectively case raises underlying issue litigation may found violate federal law time respect nlra rather sherman act recognizing underlying connection previously decided whether board enjoin state lawsuits analogizing antitrust context bill johnson restaurant owner filed state lawsuit individuals picketed restaurant waitress fired owner alleged picketing harassing dangerous leaflet distributed picketers libelous waitress filed charge board claiming suit filed retaliation participation protected activities administrative law judge alj decided owner suit lacked reasonable basis intended penalize protected activity based assessment evidence credibility board upheld determination ordered owner withdraw suit pay defendants legal expenses appeals enforced order ibid vacated judgment however holding first amendment federalism concerns prevented filing prosecution lawsuit enjoined unfair labor practice even commenced plaintiff desire retaliate defendant exercising rights protected nlra also held board may decide suit baseless making credibility determinations alj done genuine issues material fact state law exist recognition sham exception antitrust immunity however reasoned follow similar course nlra held board enjoin baseless suits brought retaliatory motive citing california motor transport supra remanded proceedings issue today standard enjoining ongoing suits standard declaring completed suits unlawful bill johnson remarked dicta situation judgment goes employer state suit withdrawn otherwise shown without merit employer day interest state providing forum citizens vindicated board may proceed adjudicate unfair labor practice case employer suit proved unmeritorious board warranted taking fact account determining whether suit filed retaliation exercise employees nlra rights violation found board may order employer reimburse employees wrongfully sued attorney fees expenses may also order proper relief effectuate policies nlra standard board declare lost withdrawn suit violated nlra retaliatory bill johnson however issue whether board enjoin ongoing state lawsuit without finding suit lacked reasonable basis law fact resolve issue actual need decide whether board declare unlawful reasonably based suits ultimately unsuccessful indeed board yet declare suit unlawful attempted enjoin uncompleted suit declared baseless occasion consider precise scope term retaliation see infra moreover although statements regarding completed litigation intended guide proceedings expressly order board adhere prior finding unlawfulness standard stated see remand board may reinstate finding petitioner acted unlawfully board adheres previous finding suit filed retaliatory purpose emphasis added thus exercising customary refusal bound dicta bancorp mortgage bonner mall nership turn question presented iii objective component sham litigation standard professional real estate investors protects reasonably based petitioning antitrust liability subjective component also protects petitioning unmotivated anticompetitive intent whether reasonably based board admits broad immunity justified antitrust context properly balances risk anticompetitive lawsuits chilling effect first amendment petitioning might caused remedy distinct features antitrust litigation fact antitrust claims may privately initiated may impose high discovery costs brief respondent nlrb according board however broad protection unnecessary labor law context outside lmra enforcement nlra requires board general counsel first authorize issuance administrative complaint thus adjudication launched solely private action see nlrb food commercial workers board issue punitive remedies see republic steel nlrb instead limited restoring previolation status quo see nlrb mfg board also allows little prehearing discovery nlrb robbins tire rubber however arguments demonstrate threat antitrust suit may pose greater burden petitioning threat nlra adjudication mean burdens posed nlra raise first amendment concerns determine must first isolate burdens board determination petitioner lawsuit violated nlra resulted order requiring petitioner post certain notices refrain filing similar suits pay unions attorney fees petitioner challenge board authority impose notice injunction penalties upon finding illegality challenge board authority award attorney fees albeit unsuccessfully although petitioner sought review fee issue pet cert grant certiorari specific question instead asking parties address whether board may impose liability retaliatory lawsuit unsuccessful even objectively baseless see threshold question whether board may declare unsuccessful retaliatory lawsuit violates nlra even reasonably based may resulting finding illegality burden addition declaration illegality whatever legal consequences flow finding also poses threat reputational harm different additional burden posed penalties fee award resolve case looking finding illegality need decide whether board otherwise authority award attorney fees suit found violate nlra identified burden must examine petitioning activity affects bill johnson held board may enjoin reasonably based state lawsuits part first amendment concerns enjoining lawsuit characterized prior restraint whereas declaring completed lawsuit unlawful characterized penalty petitioning analogy suggests injunctions may raise greater first amendment concerns penalties raise concerns likewise fact bill johnson allowed certain baseless suits enjoined tells little propriety imposing penalties various classes nonbaseless suits said bill johnson board enjoin baseless retaliatory suits fell outside first amendment thus analogous false statements emphasis added noting need protect falsehoods ensure freedoms speech press receive breathing space essential fruitful exercise quoting naacp button example breathing space protection requirement public official seeking compensatory damages defamation prove clear convincing evidence false statements made knowledge reckless disregard falsity see new york times sullivan least consistent breathing space principles never held entire class objectively baseless litigation may enjoined declared unlawful even though suits may advance first amendment interests instead cases like bill johnson professional real estate investors holdings limited regulation suits objectively baseless subjectively motivated unlawful purpose need resolve whether objectively baseless litigation requires breathing room protection issue suits baseless first place instead initial matter dealing class reasonably based unsuccessful lawsuits whether class suits falls outside scope first amendment petition clause least presents difficult constitutional question given following considerations first even though lawsuits class unsuccessful class nevertheless includes substantial proportion suits involving genuine grievances genuineness grievance turn whether succeeds indeed reflected prior cases protected petitioning whenever genuine simply triumphs see professional real estate investors protecting suits antitrust liability whenever objectively subjectively genuine pennington shielding antitrust immunity concerted effort influence public officials text first amendment speak terms successful petitioning speaks simply right people petition government redress grievances second even unsuccessful reasonably based suits advance first amendment interests like successful suits unsuccessful suits allow public airing disputed facts bill johnson supra quoting balmer sham litigation antitrust law buffalo rev raise matters public concern also promote evolution law supporting development legal theories may gain acceptance first time around moreover ability lawfully prosecute even unsuccessful suits adds legitimacy system designated alternative force see andrews right access petition clause first amendment defining right ohio noting potential avoiding violence filing unsuccessful claims finally baseless suits seen analogous false statements analogy directly extend suits unsuccessful reasonably based even suit seen kind provable statement fact loses mean false means plaintiff meet burden proving truth mean defendant proved prove contrary board confines penalties unsuccessful suits brought retaliatory motive however must also consider significance particular limitation fairly included within question presented see granting certiorari whether board may impose liability employer filing losing retaliatory lawsuit even employer show suit objectively baseless emphasis added iv context lawsuits previously indicated retaliatory suits filed retaliation exercise employees nlra rights bill johnson supra specifically address constitutes retaliation however precise scope term defined board view retaliatory suit one brought motive interfere exercise protected nlra rights brief respondent nlrb emphasis added read however board definition broadly covers substantial amount genuine petitioning example employer may file suit stop conduct union reasonably believes illegal federal law even though conduct otherwise protected nlra practical matter filing suit may interfere deter employees exercise nlra rights yet employer motive may still reflect subjectively genuine desire test legality conduct indeed case board first basis finding retaliatory motive fact petitioner suit related protected conduct petitioner believed unprotected app pet cert belief subjectively genuine objectively reasonable declaring resulting suit illegal affects genuine petitioning board also claims rely evidence antiunion animus infer retaliatory motive brief respondent nlrb yet ill uncommon litigation cf professional real estate investors stevens concurring judgment may presume every litigant intends harm adversary disputes adverse parties may generate ill recourse courts becomes legal practical means resolve situation mean disputes genuine long plaintiff purpose stop conduct reasonably believes illegal petitioning genuine objectively subjectively see even first amendment contexts found problematic regulate demonstrably false expression based presence ill example invalidated criminal statute prohibiting false statements public officials made ill see garrison louisiana debate public issues uninhibited speaker must run risk proved spoke hatred indeed requirement private defamation plaintiffs prove falsity speech matters public concern may indirectly shield much speech concealing ill motives see philadelphia newspapers hepps see also hustler magazine falwell prohibiting use ill motive create liability speech realm public debate public figures reasons difficult constitutional question noted earlier supra made significantly easier board retaliatory motive limitation since limitation fails exclude substantial amount petitioning objectively subjectively genuine final question whether light important goals nlra board may nevertheless burden unsuccessful reasonably based suit concludes suit brought retaliatory purpose explained supra answered similar question negative antitrust context burdens speech issue case different issue professional real estate investors still faced difficult constitutional question namely whether class petitioning may declared unlawful substantial portion subjectively objectively genuine prior labor law case avoided similarly difficult first amendment issue adopting limiting construction relevant nlra provision see edward debartolo florida gulf coast building constr trades council issue scope nlra limits unions threaten ing coerc ing restrain ing person engaged commerce industry affecting commerce respect certain prohibited purposes ii board read provision cover handbilling urged customers shop mall purpose handbilling convince mall proprietor influence tenant quit dealing nonunion contractor likewise debartolo found statutory provisions legislative history indicated clear intent reach handbilling question simply read statute cover thereby avoiding first amendment question altogether relevant nlra provision prohibits employers interfer ing restrain ing coerc ing employees exercise rights guaranteed section provides relevant part employees shall right form join assist labor organizations bargain collectively representatives choosing engage concerted activities purpose collective bargaining mutual aid protection section prohibition interfering restraining coercing connection rights facially broad prohibition issue debartolo might read reach entire class suits board deemed retaliatory need read broadly indeed even considered context suggestion provisions part effort cover class suits see generally prohibiting employers interfering formation administration union discriminating employment practices based union membership discharging employees provide testimony file charges nlra refusing bargain collectively employee representatives nothing statutory text indicating must read reach reasonably based unsuccessful suits filed retaliatory purpose decline board standard imposing liability nlra allows penalize suits standard thus invalid decide whether board may declare unlawful unsuccessful reasonably based suits filed motive impose costs litigation process regardless outcome retaliation nlra protected activity since board standard confine suits likewise need decide dicta bill johnson may meant retaliation see supra finally nothing holding today read question validity common litigation sanctions imposed courts authorized rule federal rules civil procedure validity statutory provisions merely authorize imposition attorney fees losing plaintiff judgment appeals sixth circuit therefore reversed case remanded proceedings consistent opinion ordered construction company petitioner national labor relations board et al writ certiorari appeals sixth circuit june justice scalia justice thomas joins concurring although scrupulously avoids deciding question presented case agree justice breyer implication decision today future appropriate case construe national labor relations act nlra way already construed sherman act prohibit lawsuits objectively baseless subjectively intended abuse process see professional real estate investors columbia pictures industries choosing make explicit implied disagreeing result justice breyer describes number differences nlra sherman act suggest complainant enjoys greater first amendment rights file lawsuit face latter former post opinion concurring part concurring judgment missing list however important difference suggests indeed demands precisely opposite conclusion sherman act entity making factual determination whether objectively reasonable suit brought unlawful motive article iii even protection thought right access article iii courts much imperiled nlra however entity making factual finding determines whether litigant punished filing objectively reasonable lawsuit executive agency national labor relations board difference undermines justice breyer analysis doubt least poses difficult question first amendment whether executive agency given power punish reasonably based suit filed article iii whenever concludes insulated de novo judicial review standard complainant one motive rather another makes resort courts risky venture dependent upon findings body independence prescribed article iii courts extraordinary interpret statute silent subject intrude upon courts ability decide postulants assistance punished reason able unlike justice breyer join opinion full including carefully circumscribed statement nothing holding today read question validity common litigation sanctions imposed courts ante emphasis added construction company petitioner national labor relations board et al writ certiorari appeals sixth circuit june justice breyer justice stevens justice souter justice ginsburg join concurring part concurring judgment understand opinion focuses employer lawsuits reasonably based unsuccessful filed retaliatory motive motive interfere protected union conduct see ante holds national labor relations national labor relations act nlra act permit national labor relations board declare unlawful act employer filing suit circumstances present say kind case board rests finding retaliatory motive almost exclusively upon simple fact employer filed reasonably based unsuccessful lawsuit employer like union ante expressly leaves open circumstances evidence retaliation antiunion motive might stronger different showing example employer indifferent outcome intends reasonably based unsuccessful lawsuit simply impose litigation costs union ante see also professional real estate investors columbia pictures industries stevens joined concurring judgment discussing colorable suits filed illegal purpose address lawsuits employer brings part broader course conduct aimed harming unions interfering employees exercise rights nlra concur opinion insofar holds set forth recognize broad leeway act gives board make findings determine appropriate relief see nlrb gissel packing shepard nlrb concur descriptions given board appeals board reasons finding unlawful employer activity insofar probative seem rest little fact employer filed reasonably based ultimately unsuccessful lawsuit see app pet cert finding retaliatory motive suit directed protected conduct necessarily tended discourage similar protected activity admittedly brought stop conduct construction company thought unprotected involved unions parties certain suits company unmeritorious bill johnson restaurants nlrb suggested board warranted taking account unfair labor practice purposes fact employer lost suit suggest seems board thought losing lawsuit union virtually alone shows retaliation see suggesting retaliatory suits might commenced plaintiff desire retaliate defendant exercising rights protected act insofar language opinion might suggest rule see ante agree one thing believe bill johnson decided many questions declares unanswered see ante held board may halt prosecution lawsuit unless suit lacks objectively reasonable basis nonetheless may proceed adjudicate unfair labor practice case employer brings merely unmeritorious retaliatory suit loses diamond walnut growers nlrb nlrb international union operating engineers local braun elec summitville tiles machinists lodge technologies enf find good reason characterize statements bill johnson dicta though recognize language characterizing bill johnson dicta another thing believe antitrust precedent determines outcome see professional real estate supra eastern railroad presidents conference noerr motor freight precedent finds sham lawsuits exempt reach antitrust laws professional real estate supra noerr supra hold employers enjoy similar exemption reach labor laws antitrust law labor law differ significantly respect consequences administration scope history purposes certain differences minor worth noting given concern avoid discouraging legitimate lawsuits apply antitrust law defendant reasonably based unsuccessful anticompetitive lawsuit ample threatens defendant treble damages considerable deterrent see ante apply labor law employer reasonably based unsuccessful retaliatory lawsuit threatens employer shift liability attorney fees see ante similarly apply antitrust law defendant reasonably based unsuccessful anticompetitive lawsuit threatens defendant high costs initiate suit apply labor law employer reasonably based unsuccessful retaliatory lawsuit threatens employer typically far lower costs defending charge congressionally authorized politically accountable administrative agency acts screen meritless complaints see ibid see also nlrb ann showing unfair labor practice cases closed resolved order board contested case differences related scope purpose history major determinative antitrust law focuses generally upon anticompetitive conduct arise myriad circumstances anticompetitively motivated lawsuits occupy one tiny corner universe circumscribe boundaries corner significantly limit scope antitrust law undermine basic related purpose way contrast nlra finds need regulate employer antiunion lawsuits much historical reason throughout century courts upheld prosecutions unions criminal conspiracies tomlins state unions struck protective labor legislation say shorter working hours better working conditions forbath law shaping american labor movement courts struck roughly labor laws roughly granted injunctions employees labor unions weakened unions ability organize conservatively estimating least injunctions issued labor conflicts process reinterpreted federal statutes congress intended use organizing activities labor unions see debs applying interstate commerce act union activities loewe lawlor applying sherman act see generally frankfurter greene labor injunction congress initially passed clayton act prevent employers using law particularly antitrust law way congress hoped substitut opinion congress propriety purpose union activities differing judges prejudicial position equality workingman employer duplex printing press deering brandeis joined holmes clarke dissenting clayton act proved insufficient congress passed act made labor injunction unlawful see hutcheson underlying aim act restore broad purpose congress thought formulated clayton act frustrated congress believed unduly restrictive judicial construction see also marine cooks panama enactment prompted desire withdraw federal courts type controversy many believed similar objectives informed congress later enactment nlra took courts much power regulate relations employers labor workingmen granting authority administrative agency duplex printing supra brandeis dissenting see mine workers pennington goldberg dissenting describing justice brandeis dissent duplex printing carried day courts history congress passed nlra upshot employer antiunion lawsuit occupies position far closer heart labor law defendant anticompetitive lawsuit respect antitrust law fact makes difference indeed given differences history purpose see treat labor law sought give board power regulate employer antiunion conduct including retaliatory lawsuits antitrust law comparable purpose evident perhaps previously made clear two areas law significantly differ compare professional real estate bill johnson know reopens matters opinion today see ante note done leave open end decide understanding extent describe outset see supra join opinion