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Municipal Antitrust Immunity After City Of Columbia V. Omni Outdoor Advertising, Inc., 111 S. Ct. 1344 (1991), Brent S. Kinkade

Washington Law Review

For most of this century, states and municipalities were immune from liability for anticompetitive action. However, in City of Lafayette v. Louisiana Power & Light Co., the Supreme Court sharply limited antitrust immunity for municipalities. The Lafayette Court held that municipal immunity only applied to municipalities following a clearly articulated state policy. In City of Columbia v. Omni Outdoor Advertising, Inc, the Supreme Court has expanded the immunity available to municipalities by requiring only that a municipality's actions be a foreseeable result of a specific grant of state authority. This Note examines the history of municipal immunity and the Omni …