Page "Sherman Antitrust Act" Paragraph 46

* Second, they will consider whether the state statute is saved from preemption by the state action immunity doctrine ( aka Parker immunity ).

In California Retail Liquor Dealers Association v. Midcal Aluminum, Inc., 445 U. S. 97, 105 ( 1980 ), the Supreme Court established a two-part test for applying the doctrine: " First, the challenged restraint must be one clearly articulated and affirmatively expressed as state policy ; second, the policy must be actively supervised by the State itself.

" Id.

( citation and quotation marks omitted ).