State-Action Protection For State Licensing Boards

Under the state-action doctrine, also known as the Parker doctrine, the federal antitrust laws do not apply to the acts of the sovereign states.

July 3, 2012

Law360, New York (July 03, 2012, 12:32 PM ET) -- Recently, the U.S. Supreme Court granted certiorari in Federal Trade Commission v. Phoebe Putney Health Systems to consider whether a state statute can immunize otherwise anti-competitive mergers from antitrust inquiry. Another case making its way through the court system could also have wide-ranging implications for the future of antitrust enforcement, in cases that arguably implicate state conduct.

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