Senior Counsel Robert Langer and Partner Benjamin Diessel co-authored an article titled, “Off the Wagon: Rejecting Efforts to Write the Agreement Requirement Out of Section 1 in Liquor Regulation Preemption Cases” in ABA Antitrust Law Section’s Antitrust Magazine. The article discusses the complex intersection of state pricing regulation, the Sherman Antitrust Act and the U.S. Constitution’s Supremacy Clause. It explains at length why the Second Circuit utilized the appropriate methodology in analyzing state pricing laws that are challenged on preemption grounds, and importantly why decisions in both the Fourth and Ninth Circuits that have struck down similar state laws have utilized an incorrect methodology.

To view the article, please see below.

• Off the Wagon: Rejecting Efforts to Write the Agreement Requirement Out of Section 1 in Liquor Regulation Preemption Cases