Antitrust and Unfair Competition Law

Competition: SPRING 2023, Vol 33, No. 1

UPDATING THE CARTWRIGHT ACT FOR THE TWENTY-FIRST CENTURY: ALLOWING ANTITRUST CLAIMS FOR UNILATERAL CONDUCT

By Joshua P. Davis and Julie A. Pollock1

I. INTRODUCTION

California has long been a leader in legal regulation. It sets its own standards for automobile emissions, for example, affecting how manufacturers design and build cars.2 It is often at the forefront of consumer privacy regulation.3 4 That should be unsurprising. Our federalist system encourages states to act as "experimental social laboratories."5

Further, California has a particularly strong claim to adopt its own policies. If it were a nation unto itself, it would have ranked as the fifth largest economy in the world in 2022,6 and it is trending toward fourth, behind only the rest of the United States, China, and Japan.7 Its influence on the law, then, is not out of proportion with its economic influence.

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