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Publication

Ropes of Sand: State Antitrust Statutes Bound by Their Original Scope

Brinkerhoff Jr, John C.
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Abstract
Many state antitrust statutes passed around the turn of the twentieth century contain language that ostensibly limits their jurisdiction to their state' s borders. Courts typically equate this language, as well as the jurisdictional limits of some early antitrust statutes without explicit limits, to the dormant Commerce Clause boundaries present during these statutes' enactment. However, courts disagree considerably on the historical limits of state antitrust jurisdiction and thus, promulgate a variety of standards that purportedly limit state antitrust statutes to their original scope.