Steve Semeraro
Supreme Court Will Address Antitrust State Action Exemption
Supreme Court Will Address Antitrust State Action Exemption
Steve Semeraro at the Antitrust & Competition Policy Blog:
Government actors are charged with a duty to act in the public interest and thus can generally be trusted to restrain trade only when the public will benefit. Private actors, by contrast, are driven by the desire to maximize profit and will thus restrain trade when it is privately beneficial but harms the public interest. On 26 November, the Supreme Court will reenter the fray, hearing oral argument in FTC v. Phoebe Putney Health System.
This is an interesting part of antitrust law: the exemption from antitrust liability for state actors and, in very limited circumstances, private actors acting under the supervision of the state. These issues are more relevant than you may think if you’re not a law student/lawyer/professor/large-scale businessperson.
Consider my recent Amazon prediction, or the reach of international competition law.
Find more information about FTC v. Phoebe Putney Health System at SCOTUSblog, or read the 11th Circuit’s opinion at Google Scholar.