What the Feds Taketh the States Giveth Back

Posted by D. Daniel Sokol

I remember a few years ago when Richard Posner called state antitrust enforcement "barnacles" to antitrust enforcement.  I thought of that statement when I read a recent article.  One big question to emerge from the overrule of Dr. Miles by Leegin  is what the states' response will be.  In the latest issue of the Antitrust Source, M. Russell Wofford, Jr. and Kristen C. Limarzi take a shot at prediction.  Their most important prediction "Predicting which states will reject Leegin’s approach is difficult, but states representing some of the largest economies in the country appear to number among those most likely to retain the Dr. Miles rule."

Download Oct07-Wofford10-18f.pdf