Balancing State Sovereignty and Competition: An Analysis of the Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine

78 Pages Posted: 18 Mar 2016

See all articles by Susan Beth Farmer

Susan Beth Farmer

The Pennsylvania State University (University Park) – Penn State Law

Date Written: 1997

Abstract

The great impact of the Seminole Tribe v. Florida decision will likely be felt in the range of federal causes of action that have exclusive remedies in federal court. Antitrust cases are among such causes of action. In seeking to avoid antitrust liability, defendants have invoked the protections of the antitrust state action doctrine, which immunizes only that anticompetitive activity imposed and supervised by states. This immunity bars suits against state and private actors alike. After Seminole Tribe, state defendants will escape all antitrust liability, whether or not the traditional requirements of the state action doctrine have been met. Thus, the state action doctrine is likely to be transformed into an antitrust exemption for private party defendants only, while state governmental entities will be completely protected from suit in federal court by constitutional sovereign immunity under the Eleventh Amendment.

Suggested Citation

Farmer, Susan Beth, Balancing State Sovereignty and Competition: An Analysis of the Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine (1997). Penn State Law Research Paper, Forthcoming, Villanova Law Review, Vol. 42, No. 111, 1997, Available at SSRN: https://ssrn.com/abstract=2748727

Susan Beth Farmer (Contact Author)

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

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