State-Action Immunity in Antitrust Cases


Summary

The state-action immunity doctrine, also referred to as "Parker immunity," "Parker exemption," "state-action exemption," or "state-action immunity," provides a shield from federal antitrust liability to the state itself, as well as state political subdivisions, state agencies, state boards, municipalities, or even private parties that can be deemed to be acting as the state itself. This doctrine provides a powerful defense to those entities that can invoke its benefits, as it can allow them to end antitrust suits or win dismissal of antitrust claims at the very outset of litigation. The Supreme Court has somewhat cabined the doctrine's reach, including most recently in F.T.C. v. Phoebe Putney Health System, Inc., 568 U.S. 216 (2013) and North Carolina State Board of Dental Examiners v. F.T.C., 574 U.S. 494 (2015). When you are representing a health care client in litigation, it is important to pay careful attention to these decisions, as well as to the state-action immunity doctrine ...