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    Paul A. Ferrer

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    ANTITRUST: Supreme Court Provides Guidance on Active-Supervision Prong of State-Action Immunity Test

    Posted by Paul A. Ferrer on Mon, May 11, 2015 @ 13:05 PM

    The Lawletter Vol 40 No 3

    Paul Ferrer, Senior Attorney, National Legal Research Group

         The U.S. Supreme Court continues to refine the state-action immunity doctrine first formulated in Parker v. Brown, 317 U.S. 341 (1943). In Parker, relying on principles of federalism and state sovereignty, the Court refused to construe the Sherman Act, which prohibits contracts, combinations, or conspiracies in restraint of trade, see 15 U.S.C. § 1, as applying to the anticompetitive conduct of a state acting through its legislature. Rather, the Supreme Court ruled that the Sherman Act was intended to prohibit private restraints on trade, and it refused to infer an intent to "nullify a state's control over its officers and agents" in activities directed by the legislature. Parker, 317 U.S. at 351.

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    Topics: active supervision of nonsovereign actor, antitrust, state-action immunity

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