Preface

• Pages: ix-x

ix

PREFACE

The Section of Antitrust Law Exemptions and Immunities

Committee is pleased to present this second edition of the State Action

Practice Manual. This publication attempts to examine all aspects of the

state action doctrine. Chapter I describes the scope of the doctrine.

Chapter II reviews the development of the doctrine, concentrating

principally on Supreme Court decisions. Chapter III discusses the policy

rationales underlying the doctrine.

Chapter IV sets out the general application of the state action

doctrine, focusing on the “clear articulation” and “active supervision”

requirements for state action protection. Chapter V addresses industry-

specific issues and case law in the areas of health care, energy,

transportation, and regulated professionals. Chapter VI explores several

recurring policy issues raised by the doctrine.

Chapter VII discusses pleading and procedural issues, including

pleading strategy and the possibility of an interlocutory appeal following

a denial of a preliminary motion on state action grounds. Finally,

Chapter VIII considers the role of discovery and expert testimony in

cases applying the state action doctrine.

The Committee thanks Gregory Luib, who expertly edited the second

edition of this book and led the revision project. The Committee also

gratefully thanks Barbara Blank, Ken Carroll, Gustav Chiarello, Spencer

Fisher, Gregory Garrett, Michael Gleason, and Patrick Roach, who

drafted the updated and new chapters of this book. The Committee

would like to acknowledge the important guidance and comments

provided by the Section’s Books and Treatises Committee, in particular