“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 … Continue reading

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 … Continue reading

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 … Continue reading

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 … Continue reading