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Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Christopher J. Heck
ABSTRACT The issue of whether a state fair trade statue or regulation designed to protect domestic retailers or wholesalers should be preempted under the Supremacy Clause of the United States Constitution and the Sherman Antitrust Act has vexed states, courts and litigants ever since the Supreme Court first recognized the doctrine of state action immunity in Parker v. Brown more than 65 years ago. Decisions in this area are often ambiguous and contradictory. Currently, litigants who challenge a state fair trade act or regulation must prove first that the statute in question creates inadequately regulated “concerted action” or a “meeting …
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Christopher J. Heck
ABSTRACT The issue of whether a state fair trade statue or regulation designed to protect domestic retailers or wholesalers should be preempted under the Supremacy Clause of the United States Constitution and the Sherman Antitrust Act has vexed states, courts and litigants ever since the Supreme Court first recognized the doctrine of state action immunity in Parker v. Brown more than 65 years ago. Decisions in this area are often ambiguous and contradictory. Currently, litigants who challenge a state fair trade act or regulation must prove first that the statute in question creates inadequately regulated “concerted action” or a “meeting …
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Christopher J. Heck
ABSTRACT The issue of whether a state fair trade statue or regulation designed to protect domestic retailers or wholesalers should be preempted under the Supremacy Clause of the United States Constitution and the Sherman Antitrust Act has vexed states, courts and litigants ever since the Supreme Court first recognized the doctrine of state action immunity in Parker v. Brown more than 65 years ago. Decisions in this area are often ambiguous and contradictory. Currently, litigants who challenge a state fair trade act or regulation must prove first that the statute in question creates inadequately regulated “concerted action” or a “meeting …
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Christopher J. Heck
ABSTRACT The issue of whether a state fair trade statue or regulation designed to protect domestic retailers or wholesalers should be preempted under the Supremacy Clause of the United States Constitution and the Sherman Antitrust Act has vexed states, courts and litigants ever since the Supreme Court first recognized the doctrine of state action immunity in Parker v. Brown more than 65 years ago. Decisions in this area are often ambiguous and contradictory. Currently, litigants who challenge a state fair trade act or regulation must prove first that the statute in question creates inadequately regulated “concerted action” or a “meeting …
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Concerted Action And The Preemption Of State Fair Trade Provisions After Leegin, Christopher J. Heck
Christopher J. Heck
ABSTRACT The issue of whether a state fair trade statue or regulation designed to protect domestic retailers or wholesalers should be preempted under the Supremacy Clause of the United States Constitution and the Sherman Antitrust Act has vexed states, courts and litigants ever since the Supreme Court first recognized the doctrine of state action immunity in Parker v. Brown more than 65 years ago. Decisions in this area are often ambiguous and contradictory. Currently, litigants who challenge a state fair trade act or regulation must prove first that the statute in question creates inadequately regulated “concerted action” or a “meeting …