11th Circ. Grants Fla. County Antitrust Immunity

Law360, New York (June 10, 2010, 5:08 PM EDT) -- A federal appeals court has ruled that even if the Sherman Act preempts a state practice, state actors are immune from liability if the practice follows the state's expressed anti-competitive policy, reversing a lower court's ruling in a lawsuit over a Florida county's franchise system for waste collection.

The U.S. Court of Appeals for the Eleventh Circuit found on Wednesday that Florida's Hillsborough County is entitled to antitrust liability as a state actor in a case alleging that its waste disposal franchise system constituted a hybrid...
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