Urban Law Annual ; Journal of Urban and Contemporary Law

Article Title

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}

Authors

Barry Kellman, Cleveland State University
Ted Hiser, Cleveland State University

Publication Title

Washington University Journal of Urban and Contemporary Law

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.

Recommended Citation

Barry Kellman and Ted Hiser, 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}, 29 Wash. U. J. Urb. & Contemp. L. 083 (1985)
Available at: https://openscholarship.wustl.edu/law_urbanlaw/vol29/iss1/5