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The Parker immunity doctrine is an exemption from liability for engaging in antitrust violations. It applies to the state when it exercises legislative authority in creating a regulation with anticompetitive effects, and to private actors when they act at the direction of the state after it has done so.
Parker v. Brown , 317 U.S. 341 (1943), was a United States Supreme Court case on the scope of United States antitrust law . It held that actions taken by state governments were exempt from the scope of the Sherman Act .
Virginia State Bar (1975) found Parker immunity required what Justice Kennedy calls “more than a mere facade of state involvement”. Because the Sherman Act was designed to break private monopolies, [6] Justice Kennedy does not accept that the "congressional judgment" was to allow the States to delegate their immunity to a private monopoly. [7]
1. California's wine-pricing system constitutes resale price maintenance in violation of the Sherman Act, since the wine producer holds the power to prevent price competition by dictating the prices charged by wholesalers. And the State's involvement in the system is insufficient to establish antitrust immunity under Parker v. Brown. While the ...
Qualified immunity applies only to government officials in civil litigation, and does not protect the government itself from suits arising from officials' actions. [4] The U.S. Supreme Court first introduced the qualified immunity doctrine in Pierson v. Ray, a case litigated during the height of the civil rights movement. It is stated to have ...
The doctrine makes it nearly impossible for victims of prosecutorial misconduct to get recourse. Sotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors Skip to ...
Parker immunity doctrine This page was last edited on 20 March 2012, at 05:40 (UTC). Text is available under the Creative Commons Attribution-ShareAlike 4.0 ...
The judge overseeing former President Donald Trump's federal election interference case on Tuesday granted special counsel Jack Smith's request to file a 180-page brief on presidential immunity ...