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

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