The Section of Antitrust Law is particularly proud of State Antitrust Practice and
Statutes (Fourth). Given the growing significance of state antitrust litigation and the
increasing activity by state attorneys general in the antitrust area, this publication has
become an indispensable part of any antitrust library. The Section is grateful for the
cooperation and collaboration of attorneys in private practice and attorneys from the
offices of various state attorneys general in producing this book.
This three-volume treatise concisely sets forth the substantive civil and criminal
case law, procedure, practice, and statutes in separate chapters for each of the fifty
states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands.
State Antitrust Practice and Statutes (Fourth) also provides a practical summary of
exemptions and defenses to antitrust liability, as well as government and private
enforcement developments and trends through 2008. As in the first three editions,
the book provides an overview in the Introduction, followed by individual
jurisdiction discussions, sharing a common outline designed to facilitate multistate
research. The Fourth edition also contains an updated chapter devoted entirely to
state antitrust law and enforcement in the health care industry. This new edition also
contains some new subjects as well as a uniform system of numbering that allows for
cross references among all the state chapters. It also contains updated appendices of
important state antitrust enforcement documents–as well as an updated listing of all
state attorney general websites. While State Antitrust Practice and Statutes (Fourth)
is limited to traditional antitrust law issues, the Fourth Edition addresses the antitrust
aspects of consumer protection and common law unfair competition statutes.
As with any publication, new statutes, cases, or enforcement developments have
occurred after the drafters and editors completed their research through 2008.
State Antitrust Practice and Statutes (Fourth) is not endorsed by any government
agency or any other organization, although attorneys from the offices of various state
attorneys general reviewed and commented on certain chapters in an unofficial
capacity. The Section wishes to thank the National Association of Attorneys General
and the attorneys in the individual state attorney general offices who made valuable
and timely contributions to this treatise.
This book builds upon the work of the lawyers who prepared the first, second,
and third editions, whose names appear at the beginning of each chapter. The
Section especially acknowledges the Editors-in-Chief of the first three editions
(Michael L. Denger, Ky P. Ewing, Jr., Jeffrey L. Kessler, Michael K. Lindsey, and
Keith D. Shugarman) and the former Chairs of the Section for their vision and
support for this important treatise. 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.
Harvey Saferstein of Mintz Levin Cohn Ferris Glovsky & Popeo, PC led the
editorial effort for State Antitrust Practice and Statutes (Fourth). He was assisted by
an Editorial Board consisting of J. Clayton Everett, Jr. of Morgan, Lewis & Bockius
LLP, Kathleen E. Foote of the Office of the California Attorney General, Eamon
O’Kelly of Dewey & LeBoeuf LLP, Paula Martucci of Wal-Mart Stores, Inc.,
Mathew Sawchak of Ellis & Winters LLP, Barbara Sicalides of Pepper Hamilton

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