Antitrust and Trade Regulation Commons^™

The New Antitrust Federalism, Rebecca Haw Allensworth

Vanderbilt Law School Faculty Publications

"Antitrust federalism, " or the rule that state regulation is not subject to federal antitrust law, does as much as-and perhaps more than-its constitutional cousin to insulate state regulation from wholesale invalidation by the federal government. For most of the last century, the Court quietly tinkered away with the contours of this federalism, struggling to draw a formal boundary between state action (immune from antitrust suits) and private cartels (not). But with the Court's last three antitrust cases, the tinkering has given way to reformation. What used to be a doctrine with deep roots in constitutional federalism is now a …

The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel J. Gifford

Vanderbilt Law Review

In February 1986 the United States Supreme Court in Fisher v. Berkeley' upheld the validity of a municipal rent control ordinance against a contention that the Sherman Act preempted the ordinance. In an eight-to-one decision, the Court effectively gave the coup de grace to its earlier attempt to apply the federal antitrust laws to municipalities and political subdivisions. It also may have finally ended the remarkable series of disingenuous state-action decisions that had become an almost regular part of the Court's calendar since Goldfarb v. Virginia State Bar' in 1975.Fisher holds a promise of restoring to the state-action exemption a …

Recent Decisions, Ronald P. Cima, Douglas Berry, Jon L. Goodman

Vanderbilt Journal of Transnational Law

Recent Decisions

Act of State Doctrine--Act of State Doctrine precludes Judicial Inquiry into the Motivation underlying the Acts of a Foreign State in a Private Antitrust Suit

Ronald P. Cima

Preemption--State Statute Prohibiting Nonresidents or Aliens from Fishing in its Waters is Preempted by Federal Law

Douglas Berry

Warsaw Convention--Provision for Limiting Liability--Recoveries in Personal Injury Actions against Air Carrier Employees, as Well as Against the Air Carrier itself, are to be Limited by the Warsaw Convention

Jon L. Goodman