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Tag: antitrust

September 21, 2015

The immunity of government from the antitrust laws

If you missed my discussion of the North Carolina Dental Examiners v. FTC case at last week’s Cato Institute Constitution Day conference, you can now watch online: ...

September 16, 2015

PLF's Timothy Sandefur speaks at Cato's Constitution Day symposium

I’ll be speaking tomorrow at the Cato Institute’s annual Constitution Day symposium about the North Carolina Dental Examiners antitrust case (which I blogged about here). If you can’t attend in person (and there’s still space available) you can watch the simultaneous webcast, and you can read my article on the case in the la ...

February 25, 2015

Supreme Court gives entrepreneurs a tool to fight back

Moments ago, the United States Supreme Court issued its decision in North Carolina Board of Dental Examiners v. FTC, an antitrust lawsuit in which the Federal Trade Commission sued a state agency that regulates the practice of the dental industry. The Board claimed that it was immune from antitrust laws, and could therefore prohibit people ...

August 13, 2014

"They pretend public benefit, intend private"

Four centuries ago, Sir Edward Coke, one of the founding fathers of the Anglo-American legal tradition, explained how businesses often collude with government to illegalize competition. They persuade the government to adopt licensing laws or other restrictions, which allow existing firms to raise prices and reduce innovation, knowing they’re ...

August 12, 2014

Government monopolies: the Court should not allow immunity unless anticompetitive laws are subsantively justified

(Part 4 of a series. Here are Part 1, Part 2, and Part 3) In N.C. Dental Examiners v. FTC, the Supreme Court will decide whether to extend Parker antitrust immunity to state regulatory agencies that are dominated by private parties who have a private stake in preventing economic competition against them. In our brief, ...

August 11, 2014

Government monopolies: the Court should enforce the "active supervision" requirement

(Part 3 of a series. Here’s Part 1, Part 2, and Part 4.) In the N.C. Dental Examiners case, the Supreme Court will decide whether Parker antitrust immunity should apply to state regulatory agencies that are run entirely by private parties who have a private stake in preventing economic competition against them. Our brief, joined by ...

August 07, 2014

Government monopolies: the Supreme Court should overrule the Southern Motor Carriers case

(Part 2 of a series. Here are Part 1, Part 3, and Part 4) In the N.C. Dental Examiners case, the Supreme Court will decide whether to extend Parker antitrust immunity to state regulatory agencies that are run entirely by private parties who have a private interest in excluding their own competitors from the marketplace. ...

August 06, 2014

Cartels shouldn’t be exempt from anti-monopoly laws just because they’re run by states

(Part 1 of a series. Here are Part 2, Part 3, and Part 4) There's a lot not to like about antitrust law, but the basic idea that monopolies are bad, and that everyone should have the right to compete honestly in the free market, is a cornerstone of our society. Sadly, antitrust is so ...

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