State Antitrust Laws

• Date: 02 June 2025

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CHAPTER VII

STATE ANTITRUST LAWS

A. Introduction

This chapter provides an overview of developments to state antitrust

laws in 2024.1 All fifty states, as well as the District of Columbia, Puerto

Rico, and the Virgin Islands, have some type of antitrust statute. Although

some state statutes are generally modeled after the federal antitrust laws,

there are some differences. One significant difference is that many states

have rejected the federal prohibition on damages recoveries by indirect

purchasers established in Illinois Brick Co. v. Illinois.2

B. Substantive State Antitrust Laws

1. Development of State Antitrust Laws

As of November 2024, Pennsylvania is the only state that does not

have its own general state-level antitrust law.3

1. More extensive treatment may be found in ABA SECTION OF ANTITRUST

LAW, STATE ANTITRUST PRACTICE AND STATUTES (5th ed. 2014). See

also ABA SECTION OF ANTITRUST LAW, STATE ANTITRUST

ENFORCEMENT HANDBOOK (3d ed. 2018).

2. 431 U.S. 720 (1977).

3. See Pennsylvania Open Markets Act, HB 2012, Reg. Ses. 2023-2024

(2024) (proposing creation of a Pennsylvania state-level antitrust law).