TITLE

State Action Immunity, Municipalities, and the Unique Case of Eminent Domain

AUTHOR(S)
Motto, Joseph L.
PUB. DATE
March 2008
SOURCE
Journal of Corporation Law;Spring2008, Vol. 33 Issue 3, p797
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article provides information on the supervision of anticompetitive municipal conduct resulting from a formulated state policy in the U.S. It is stated that the additions compensated from loose state action doctrine excessively adopt the privileges of government entities not entitled to independent sovereignty under the Constitution. It is inferred that courts should study the regulatory purpose of the government in order to determine whether the regulation is the right subject of antitrust. Furthermore, the category of activities in which court analyzes the underlying intention should be limited to cases comparable to disapprobation of the property of a competitor.
ACCESSION #
31633998

 

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