Foreword

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FOREWORD

The Section of Antitrust Law is pleased to publish the Fifth Edition of the State

Antitrust Practice and Statutes treatise. This publication is an indispensable part of

any antitrust practitioner’s library, particularly given the abiding significance of state

antitrust litigation and the increasing activity by state attorneys general in the

antitrust arena. The Section is very grateful for the dedicated collaboration of

attorneys throughout the country, both in private practice and from the offices of the

various state attorneys general, in helping to produce this book.

This three-volume treatise systematically summarizes the substantive civil and

criminal case law, procedure, practice, and statutes for each of the fifty states, the

District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. State Antitrust

Practice and Statutes (Fifth) also provides a practical overview of exemptions and

defenses to antitrust liability and discusses government and private enforcement

developments and trends through the date of publication. As in the first four editions,

the treatise provides a survey of the field in the Introduction, followed by

jurisdiction-specific chapters, each sharing a common structure specifically designed

to facilitate multistate research. In particular, the treatise follows a uniform system of

numbering that allows for cross-references between and among all the state chapters.

The Fifth edition also contains an updated chapter devoted to developments in state

antitrust law and enforcement in the health care industry, plus updated sections

addressing antitrust aspects of state consumer protection and unfair competition laws.

As with any publication, new statutes, cases, or enforcement developments may

have occurred after the drafters and editors completed their research through the date

of publication.

State Antitrust Practice and Statutes (Fifth) is not endorsed by any government

agency or any other organization, although attorneys from the offices of various state

attorneys general were kind enough to review and comment on certain chapters in an

unofficial capacity. The Section wishes to thank the National Association of

Attorneys General, and in particular, the many individual attorneys in the various

state attorney general offices who made valuable contributions to this treatise.

This book builds upon the invaluable work over the years of the myriad lawyers

who prepared the first, second, third, and fourth editions of the treatise. The Section

respectfully acknowledges the Editors-in-Chief of the first four editions (Michael L.

Denger, Ky P. Ewing, Jr., Jeffrey L. Kessler, Michael K. Lindsey, Keith D.

Shugarman, and Harvey Saferstein), as well as the former Chairs of the Section, for

their vision and their vigilance in supporting this important treatise. The Section also

gratefully acknowledges Kevin O’Connor, Wendy Arends, and Eric Wilson of

Godfrey & Kahn S.C. for their work in preparing the Introduction to the Fifth

edition. Many others contributed to this book through the years, and, although we

cannot mention each of them individually, the Section is indebted to them for their

diligent scholarship.

Rocky C. Tsai of Ropes & Gray LLP led the editorial effort for State Antitrust

Practice and Statutes (Fifth) as the treatise’s Editor-in-Chief. He was assisted by an

Editorial Board consisting of the following members: Kathleen W. Bradish of Cleary

Gottlieb Steen & Hamilton LLP, J. Clayton Everett, Jr. of Morgan, Lewis & Bockius