Law Commons^™

Local Government Action And Antitrust Policy: An Economic Analysis, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan

Fordham Urban Law Journal

At least partly as a result of the Supreme Court decision in Community Communications Co. v. City of Boulder, cities are facing antitrust challenges to their rights to franchise cable television systems. Other municipal activities have been similarly challenged. The prospect of costly and uncertain antitrust litigation challenging local government actions will restrict the scope and extent of local regulatory activity. Such restrictions could, in turn, preempt city residents' ability to choose, through their elected representatives, the goods and services they prefer. This Article proposes that as a mater of policy the burden of proving a municipal antitrust violation should …