This article, published in 1981, examines the two-part Midcal Aluminum standard for state action antitrust immunity. Under that standard, private actors are immune from antitrust liability if (1) they act pursuant to a regulatory policy that is clearly articulated by the state as sovereign and...

In FTC v. Ticor Title Insurance, the Supreme Court denied antitrust immunity to insurers that had participated in state-sanctioned rate-setting activities. Applying the two-part Midcal test, the Court held for the first time that a state agency had failed to "actively supervise" private action...

This article, published in 2001, argues that bundling of broadband transmission and Internet services by cable companies does not pose a sufficient risk of harm to innovation to justify a regulatory or antitrust requirement of open access

This article, published in 1987, responds to John Shepard Wiley, A Capture Theory of Antitrust Federalism, 99 Harv. L. Rev. 713 (1986). In an earlier article, I argued that the "clear articulation" requirement is the best criterion for "state action" antitrust immunity because it reinforces...