A US District Court holds that the action against multistate tobacco settlement agreement was barred by the state action doctrine (Sanders / Lockyer)

“Active Supervision” Standard Of Midcal Not Applicable To Conduct Of Sovereign. Multistate Tobacco Settlement Is Parker and Noerr Exempt Both For State And Private Parties* In the aftermath of the entry of the Multistate Tobacco Settlement Agreement (“MSA”), and enactment by the California Legislature of legislation to implement the terms of the MSA, a class of California consumers, who purchased cigarettes manufactured by one or more of the settling defendant tobacco manufacturers, claimed that the MSA and the state legislation constituted an “anticompetitive hybrid agreement”, in violation of Section 1 of the Sherman Act and the California Cartwright Act and Unfair Competition Act [1]. In granting motions to dismiss by the California Attorney General, and the MSA defendants, (Sanders v.

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Sheppard Mullin (Los Angeles)

Quotation

Jr. Don T. Hibner, A US District Court holds that the action against multistate tobacco settlement agreement was barred by the state action doctrine (Sanders / Lockyer), 28 March 2005, e-Competitions Bulletin US Private Enforcement, Art. N° 67405

Visites 43

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues