That legal rule that lets states ignore federal monopoly laws is actually a huge win for local democracy, not just a loophole for corruption.
March 25, 2026
Original Paper
Parker Immunity as a Wellspring of Democratic Governance
SSRN · 6459480
The Takeaway
We usually think of antitrust as a universal rule for competition. This paper argues that 'Parker Immunity' allows citizens, through their local governments, to reject corporate competition in favor of shaping their own local economies based on community values.
From the abstract
<p><span>The antitrust laws establish foundational marketplace rules, embodying the principle that citizens, acting through their elected representatives, should have the power to shape the economy so that it accords with their values and priorities. A core function and intent of the antitrust laws, then, is to safeguard the public’s ability to structure the economy. <i>Parker</i> Immunity is a critical component of this democratic vision, granting state governments concurrent authority with the