The Libertarian Party and the Green Party, and other plaintiffs, will file a federal lawsuit on September 29 in U.S. District Court in Washington, D.C. The Complaint will allege that the Commission on Presidential Debates is in violation of the venerable old anti-trust laws, the Sherman Act and the Clayton Act. The case will present evidence about the considerable economic importance of the general election presidential debates. Other plaintiffs include Gary Johnson and Jill Stein. The Complaint will ask for damages from the Commission on Presidential Debates, and the Obama and Romney campaigns, which had signed an agreement with the Commission agreeing not to participate in any non-Commission general election debates.
This lawsuit has been planned for several years. It will probably be styled Libertarian National Committee v Commission on Presidential Debates, and is being filed by attorney Bruce Fein.
This lawsuit should not be confused with Level the Playing Field v Commission on Presidential Debates, also filed in U.S. District Court in Washington, D.C., 1:15cv-1397. That case argues that the Commission on Presidential Debates violates federal campaign finance laws, because the debates and the Commisison are funded by corporations. Federal campaign finance law does not permit corporations to make donations to political campaigns. Corporations may only spend independently of campaigns.