Abstract

http://ssrn.com/abstract=2079679
 


 



Eminent Need: Proposing a Market Participant Exception for Municipal Parket Immunity


Scott Bradley Weese


affiliation not provided to SSRN

June 1, 2011

Cardozo Public Law, Policy and Ethics Journal, Vol. 9, No. 523, 2011

Abstract:     
A township is using its eminent domain powers to become a monopsony in the real estate market for the designated area. The township's monopsony power is then being exploited to create a price-fixing scheme that would violate antitrust laws, either as a per se violation under Section 1 of the Sherman Antitrust Act, or as a monopolizing or attempted monopolizing offense under Section 2. Under the Sherman Act, affected residents could force the township to appraise each property individually and pay the full market value; if the township refused, they would be subject to the treble damage penalty, erasing any possible advantage of abusing its monopsony power. As the law currently stands, however, a township is immune from suit under the Parker v. Brown decision and its progeny. This Article will use the real-life example of Mount Holly, New Jersey, and the story of one affected resident to illustrate the need for a market participant exception to Parker immunity, such that when a municipality is participating in the market for a good itself, as opposed to merely regulating that market, the Sherman Act should apply.

Number of Pages in PDF File: 39

Keywords: Eminent Domain, Antitrust, Parker Immunity, Municipality, Monopsony, Price-Fixing

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Date posted: June 8, 2012  

Suggested Citation

Weese, Scott Bradley, Eminent Need: Proposing a Market Participant Exception for Municipal Parket Immunity (June 1, 2011). Cardozo Public Law, Policy and Ethics Journal, Vol. 9, No. 523, 2011. Available at SSRN: http://ssrn.com/abstract=2079679

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Scott Bradley Weese (Contact Author)
affiliation not provided to SSRN ( email )
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