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Wednesday, May 6, 2020 | History

3 edition of Local government liability under federal antitrust laws found in the catalog.

Local government liability under federal antitrust laws

Local government liability under federal antitrust laws

a legal analysis

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  • 33 Currently reading

Published by Minnesota House of Representatives, Research Dept.] in [Saint Paul, Minn .
Written in English


Edition Notes

Statement[written by Linda S. Taylor].
SeriesMinnesota state document depository system ;, 87-977
ContributionsMinnesota. Legislature. House of Representatives. Research Dept.
Classifications
LC ClassificationsMicrofiche 88/873 (K)
The Physical Object
FormatMicroform
Pagination11 p.
Number of Pages11
ID Numbers
Open LibraryOL2153093M
LC Control Number88622907

under the antitrust laws (primarily Section 7 of the Clayton Act, which outlaws acquisitions that “may” harm competition), and in dealing with the agencies. Compliance and Counseling: This area involves helping clients minimize their exposure to antitrust liability in all of the areas described above. It. What is the purpose of federal antitrust laws? to raise revenue for government programs to preserve competition among business firms to protect domestic firms from foreign competition to provide services to the general public.

the relationships between state and local government, in general, and the "home rule" movement, in particular. See also U.S. at ; Bangasser, Exposure of Municipal Corporations to Liability for Violations of the Antitrust Laws: Antitrust Immunity after the City of Lafayette Decision, 11 UR. LAW. The Assistant Attorney General in charge of the Antitrust Division is responsible for promoting and maintaining competitive markets by enforcing the Federal antitrust laws. This involves investigating possible antitrust violations, conducting grand jury proceedings, reviewing proposed mergers and acquisitions, preparing and trying antitrust.

cluded under the federal antitrust laws from imposing certain anticompeti-tive restraints as a governmental act. 4. The Court, however, has held that a municipal government does not enjoy the immunity from antitrust claims that applies to states under Parker unless it can show that its decision to. influence the government are exempt from the antitrust laws is determined by the Noerr-Pennington doctrine, a shorthand descrip-tion of the seminal Supreme Court cases in this area. The precise basis and limits of this exemption from the antitrust laws, however, have yet to be unequivocally articulated.


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Local government liability under federal antitrust laws Download PDF EPUB FB2

Congress passed the first antitrust law, the Sherman Act, in as a "comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade." InCongress passed two additional antitrust laws: the Federal Trade Commission Act, which created the FTC, and the Clayton Act.

The United States Code is meant to be an organized, logical compilation of the laws passed by Congress. At its top level, it divides the world of legislation into fifty topically-organized Titles, and each Title is further subdivided into any number of logical subtopics.

For nearly three quarters of a century, state governments have been immune from federal antitrust laws when they authorize economic activity that normally would be illegal under those laws. That is based on the simple proposition that, in passing antitrust laws to promote competition, Congress had in mind private business, not government action.

Guide to Antitrust Laws Free and open markets are the foundation of a vibrant economy. Aggressive competition among sellers in an open marketplace gives consumers — both individuals and businesses — the benefits of lower prices, higher quality products. A‌merica’s antitrust laws have long held a special status in the ‌federal statutory hierarchy.

The Supreme Court of the United States, for example, has famously stated that the “[a. More than False Claims Act issues were alleged by the federal government inand fromthe government recovered nearly $7 billion under the False Claims Act.

cities might face liability under antitrust laws. Part II of this Article sets out three criteria by which the potential for adverse effects of a city's action may be determined. 6 These criteria. THE LIABILITY OF FOREIGN GOVERNMENTS UNDER UNITED STATES ANTITRUST LAWS I.

INTRODUCTION The domestic economy of the United States faces a growing problem. Competition is being threatened by the increased presence of powerful.

At The Antitrust Attorney Blog, we have discussed state-action immunity quite a bit (as suing state and local governments under the antitrust laws is a favorite topic of mine).

Indeed, the week of this article update, Bona Law filed a petition for cert to the US Supreme Court asking it to review a state-action immunity from antitrust liability.

One of the most powerful tools that the federal government has for maintaining a competitive economy is: One of the government agencies that enforces federal antitrust laws is: The U.S.

Department of Justice (DOJ). To avoid liability under RCRA and CERCLA, purchasers of property must exercise "due diligence" in order to avoid liability. On Friday, Febru Baker Botts and the ABA Antitrust Section Joint Conduct committee are hosting a panel presentation and networking event celebrating the publication of the second edition of the ABA Antitrust Section's book, "Proof of Conspiracy Under the Federal Antitrust Laws.".

The Federal Local Government Antitrust Act of and the Amendments to the Florida munications Co. City of Boulder,2 that local government actions under home rule powers were not state actions and, therefore, not This Comment summarizes the evolution of local governmental antitrust liability which led to the enactment of the Author: Keith C.

Hetrick. H.R. (98th). An act to clarify the application of the Clayton Act to the official conduct of local governments, and for other purposes. In   Chamber of Commerce v. City of Seattle found that Washington statutes “clearly delegate authority for regulating the for-hire transportation industry to local government units The statutes relied upon by Seattle authorized municipal regulation of “for hire transportation services without liability under federal antitrust laws.

The McCarran-Ferguson Act: What it Is, What it Isn't and Consequences of Repeal of the Insurance Industry's Limited Antitrust Exemption (1) Legislation seeking to amend what is a very limited federal antitrust exemption for the insurance industry under the McCarran-Ferguson Act would likely reduce competition in the industry, resulting in less choice and higher costs for insurance buyers.

The Federal Government enforces three major Federal antitrust laws, and most states also have their own. Essentially, these laws prohibit business practices that unreasonably deprive consumers of the benefits of competition, resulting in higher prices for products and services.

The three major Federal antitrust laws are: The Sherman Antitrust Act. The Federal Trade Commission Act, administered solely by that agency, is a catch-all enactment which has been construed to include all the prohibitions of the other antitrust laws and, in addition, may be utilized to fill what may appear to be loopholes in the more explicit regulatory statutes.

In the United States, antitrust law is a collection of federal and state government laws that regulates the conduct and organization of business corporations, generally to promote competition for the benefit of main statutes are the Sherman Act ofthe Clayton Act of and the Federal Trade Commission Act of These Acts serve three major functions.

Online shopping for Books from a great selection of Civil Law, Federal Jurisdiction, Public, Urban, State & Local Government, Emigration & Immigration & more at everyday low prices. as they are under existing law, to enforce federal antitrust laws in suits brought on behalf of the state's residents.

The second is whether they should be permitted, as they also are under existing law, to enact and enforce their own state antitrust laws.

Although my analysis is primarily theoretical, the Appendix. Motives of Non-Profit Organizations and the Antitrust Laws Frank J. Nawalanic* Ar 1 1ST GLANCE, it would appear repugnant to equate or associate non-profit organizations with the antitrust laws.

This reaction stems from a clash between the basic definition of a non-profit organization.by the Antitrust Division under the Federal antitrust acts. The opponents of dual regulation, on the other hand, be-lieve that such control would have the "effect of forcing indiscriminate, helter-skelter, hit-or-miss competition" I of the regulated enterprises.

Precedent favors the proponents. : Louis C. Kaplan.United States: Private Antitrust Litigation | BakerHostetler Since Parker, the Supreme Court has recognised at least three different situations where state action immunity may exist.

4 First, a state’s own actions, such as legislative enactments, are consid- ered ipso facto exempt from the antitrust laws. 5 Second, government entities below the state level.