Parker immunity
E666879
Parker immunity is a U.S. antitrust doctrine that shields states and, in some cases, private parties acting under state authority from liability under federal antitrust laws.
Statements (45)
| Predicate | Object |
|---|---|
| instanceOf |
U.S. antitrust doctrine
ⓘ
state action doctrine ⓘ |
| alsoKnownAs |
Parker state action immunity
ⓘ
state action immunity ⓘ |
| appliesTo |
sovereign acts of a state
ⓘ
state-directed anticompetitive conduct ⓘ |
| appliesWhen |
state has clearly articulated and affirmatively expressed a policy to displace competition
ⓘ
state policy is actively supervised in cases involving private actors ⓘ |
| basedOn | Parker v. Brown, 317 U.S. 341 (1943) NERFINISHED ⓘ |
| constitutionalBasis |
federalism principles
ⓘ
state sovereignty ⓘ |
| constrains | application of federal antitrust enforcement to state-directed conduct ⓘ |
| corePrinciple | federal antitrust laws do not apply to anticompetitive restraints imposed by the states as sovereigns ⓘ |
| distinguishedFrom | Noerr-Pennington doctrine NERFINISHED ⓘ |
| doesNotAutomaticallyApplyTo |
municipalities
ⓘ
private parties ⓘ |
| doesNotProtect |
conduct not pursuant to a clearly articulated state policy
ⓘ
purely private anticompetitive conduct without state authorization ⓘ |
| interpretedBy | U.S. Supreme Court NERFINISHED ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| legalDomain |
antitrust law
ⓘ
competition law ⓘ federal law ⓘ |
| legalEffect |
bars federal antitrust damages liability when requirements are met
ⓘ
can bar injunctive relief under federal antitrust laws when requirements are met ⓘ |
| limitsLiabilityUnder |
Sherman Antitrust Act
NERFINISHED
ⓘ
federal antitrust laws ⓘ |
| namedAfter | Parker v. Brown NERFINISHED ⓘ |
| oftenInvokedIn |
cases involving local government economic regulation
ⓘ
cases involving professional licensing boards ⓘ cases involving public utilities regulation ⓘ |
| policyRationale |
preservation of state sovereignty in economic regulation
ⓘ
respect for state regulatory choices ⓘ |
| relatedTo |
federal preemption in antitrust
ⓘ
state action doctrine in constitutional law ⓘ |
| requires |
active state supervision in some cases
ⓘ
clear articulation of state policy ⓘ state action ⓘ |
| requiresForMunicipalities | clear articulation of state policy ⓘ |
| requiresForPrivateParties | clear articulation and active supervision ⓘ |
| shields |
municipalities under certain conditions
ⓘ
private parties acting under state authority under certain conditions ⓘ state agencies ⓘ state officials ⓘ states ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.