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Parker immunity doctrine
The Parker immunity doctrine is an exemption from liability for engaging in antitrust violations. It applies to the state when it exercises legislative authority in creating a regulation with anticompetitive effects, and to private actors when they act at the direction of the state after it has done so. The doctrine is named for the Supreme Court of the United States case in which it was initially developed, ''Parker v. Brown''.〔''Parker, Director of Agriculture, et al. v. Brown'', 317 U.S. 341 (1943).〕
The rationale behind ''Parker'' immunity is that Congress, in enacting the Sherman Act, evidenced no intent to restrain state behavior.〔Parker v. Brown at 351.〕
==State must act as a sovereign==
For the doctrine to apply, the state must act as a sovereign, rather than as a "participant in a private agreement or combination by others for restraint of trade.〔''Parker'' at 351-2; see also ''Omni'', 499 U.S. at 374-5 ("Immunity does not necessarily obtain where the state acts not in a regulatory capacity but as a commercial participant in a given market").〕 Antitrust laws do not bar anticompetitive restraints that sovereign states impose "as an act of government".〔''Parker v. Brown'', 317 U.S. 341, 352 (1943); see also ''Mass. Sch. of Law at Andover, Inc. v. Am. Bar Assoc.'', 107 F.3d 1026, 1035 (3d Cir. 1997).〕 "The key question is whether the allegedly anticompetitive restraint may be considered the product of sovereign state action. If it is not, then even if sectors of state government are involved, the activity will not constitute "state action" under the Parker doctrine and will not receive immunity."〔A.D. Bedell Wholesale Co., Inc. v. Philip Morris Inc.〕
Moreover, the Parker court found that "a state does not give immunity to those who violate the Sherman Act by authorizing them to violate it, or by declaring that their action is lawful."〔Parker, 317 U.S. at 351.〕Instead, the anticompetitive conduct "must be compelled by direction of the State acting as a sovereign," not merely prompted by state action, to be immunized under the state action doctrine.〔''Goldfarb v. Virginia State Bar'', 〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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