Overlap and Distinctions Between State Action and Preemption Sample Clauses

Overlap and Distinctions Between State Action and Preemption. In at- tempting to synthesize preemption and state action, courts and scholars have expressed the view that the preemption and state action immunity 101. Xxxxxx v. City of Berkeley, 475 U.S. 260, 268 (1986) (quoting Rice, 458 U.S. at 666 n.1 (Xxxxxxx, X., concurring)). 102. Id. at 268–69. 103. See supra notes 27–28, 33 and accompanying text (discussing statute at issue in Midcal and lack of state supervision); see also Xxxxxxx & Page, supra note 2, at 284 (reasoning that restraints move from unilateral to hybrid when “private participation in a state-sponsored decision-making process crosses some critical threshold of similarity to established antitrust prohibitions”).
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