Concerted Action and the Preemption of State Fair Trade Provisions After Leegin

Thursday, January 1st, 2009 at 12:00 am by Christopher J. Heck
Christopher J. Heck, Concerted Action and the Preemption of State Fair Trade Provisions After Leegin, 2009 Colum. Bus. L. Rev. 853

Few doctrines present more challenging issues, or create more inconsistent and incoherent results, than the doctrine of state action immunity. Situated as it is at the intersection of antitrust law, with its emphasis on vigorous protection of competition, and constitutional law, which demands due deference to considerations of state sovereignty, the issue of whether state fair trade regulations should be preempted by the Supremacy Clause of the United States Constitution due to a violation of the Sherman Antitrust Act.

Author Information

Christopher J. Heck is an attorney in Los Angeles, California, who specializes in antitrust and unfair competition law and in commercial litigation.