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According to the Antitrust Modernization Commission, Congress should grant statutory immunity from antitrust laws only "on the basis of compelling evidence" that either:
(1) "Competition cannot achieve important societal goals that trump consumer welfare, or
(2) A market failure clearly requires government regulation in place of competition."
The commission also recommended that Congress adopt sunset provisions to end any exemption at a specified date "unless specifically renewed."
Source: Antitrust Modernization Commission