TN antitrust law

[cybernorris]

Does anyone here have any experience with antitrust law n Tennessee? I am working up a citizen's brief on an anticompetitive situation in certain government entities throughout the state. I have examples of how some other states have addressed the particular issue, but need to understand better how Tennessee deals with antitrust issue.

I have a legislator who may be willing to submit he issue to the Attorney General for a private opinion.

I would rather leave further details for private communication.

Thanks.

[quietguy]

I would suggest that you consult an attorney, and if possible an association that supports your position in the industry in question. The answer to your question is really going to depend on a lot of factors not shared in your post.

Tennessee law is a little "scatter-brained" when it comes to anti-trust issues. In some cases it is pro monopoly (like liquor distributors), in some cases it passes authority to local government (telecommunications franchises), and in some cases it can be very restrictive.

You might also want to contact the Secretary of States office. They have initial oversight in some of these issues.

[Worriedman]

Article 1 Section 22 of the Tennessee Constitution:

"That perpetuities and monopolies are contrary to the genius of a free State, and shall not be allowed."

But the Legislature will pay as much attention to that clause as they do to any other, when money hits them in the back pocket, they will ignore the rules of the road.

[midtennchip]

Does anyone here have any experience with antitrust law n Tennessee? I am working up a citizen's brief on an anticompetitive situation in certain government entities throughout the state. I have examples of how some other states have addressed the particular issue, but need to understand better how Tennessee deals with antitrust issue.

I have a legislator who may be willing to submit he issue to the Attorney General for a private opinion.

I would rather leave further details for private communication.

Thanks.

I think you need to be more specific about what you are looking for. What do you mean "anticompetitive situation in certain government entities?" If you are referring to a situation in which a governmental entity is engaging in activity that you believe may constitute an anti-trust violation, you need to understand that governmental entities (even quasi-governmental entities such as hospitals that are chartered under the authority of a municipality or county) are exempt from anti-trust laws.