The Antitrust State Action Exemption: An Essay on Doctrinal Organization from Parker {Parker v. Brown, 317 U.S. 341} to Hallie {Town of Hallie v. City of Eau Claire, 105 S. Ct. 1713 (1985)} and Southern Motor Carriers {Southern Motor Carriers Rate Conference, Inc. v. United States; 105 S. Ct. 1721}

Abstract

This Article analyzes the state action exemption by examining the case law to which it has given rise. The case law can be analyzed and synthesized. This is not to suggest that the state action doctrine is necessarily the best means to reconcile the Sherman Act and state sovereignty. The state action doctrine must nevertheless be appreciated for the flexibility it brings to antitrust enforcement. The doctrine, as it exists today, is capable of responding to changing market conditions and policy considerations.

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Antitrust law, State action doctrine (Antitrust law)

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Barry Kellman (Cleveland State University)
Ted Hiser (Cleveland State University)

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