"This is overall a resounding victory for the Jets," New York Jets attorney David Boies says. "The court has reaffirmed that monopolists, like Cablevision, cannot, without further scrutiny, hide behind political protection doctrines and free speech rights to immunize their anticompetitive conduct."

"The West Side stadium matter was resolved in June," a Madison Square Garden spokesperson says. "The MTA has taken the land back from the Jets, the people of New York have moved on and it is time for the Jets and their lawyers to move on too."

In the decision Judge Baer wrote, "If it becomes apparent that Cablevision indeed sought to acquire the West Side Rail yard for its own development project, defendants will likely be entitled to protection under Noerr-Pennington. However, if the Jets can establish that Cablevision never intended to acquire the property, but submitted a bid only to impede the Jets' progress, immunity will be unavailable." The Noerr-Pennington doctrine was set by the Supreme Court in a pair of cases which suggested that under the First Amendment, it cannot be a violation of the federal antitrust laws for competitors to lobby the government to change the law in a way that would reduce competition.

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