[Download] "Antitrust and the Supremacy Clause." by Stanford Law School ~ Book PDF Kindle ePub Free

eBook details

Title: Antitrust and the Supremacy Clause.
Author : Stanford Law School
Release Date : January 01, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 389 KB

Description

INTRODUCTION To decide if a federal statute blocks enforcement of a state law, the Supreme Court normally asks whether the state law conflicts with the purpose of the federal statute and thus is preempted under the Supremacy Clause. But in cases of conflict between state economic regulation and the Sherman Antitrust Act, the Court has eschewed its standard preemption approach. Instead, the Court applies its doctrine of "state-action immunity," under which a state regulation is unenforceable only if it arises from or causes a "violation" of the same federal antitrust rules that restrict the market conduct of private firms.