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Washington University Journal of Urban and Contemporary Law


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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