In Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC, the U.S. District Court for the Western District of North Carolina granted summary judgment to Duke Energy on numerous federal antitrust and state unfair competition counterclaims by a competitor. Suggesting a dim view of the counterclaims, the court noted up […]
A claim under N.C. Gen. Stat. § 75-1.1 can sometimes trigger a constitutional challenge. A defendant might argue that an unfairness claim under section 75-1.1 is unconstitutionally vague, or that applying section 75-1.1 extraterritorially violates the Dormant Commerce Clause. Or a defendant might argue that the claim concerns conduct protected by […]
Last month, we discussed an important decision from the Supreme Court of North Carolina involving antitrust claims against Atrium Health, the large public-hospital system in Charlotte. In DiCesare v. Charlotte-Mecklenburg Hospital Authority, the Supreme Court held that quasi-municipal corporations like Atrium are exempt from liability under chapter 75—including section 75-1.1 […]
We have previously discussed whether a local-government entity can be sued for money damages based on a federal antitrust violation. Today’s post discusses a similar question: are quasi-municipal corporations—a type of local-government entity—exempt from liability under section 75-1.1 and North Carolina’s antitrust laws? Last month, the Supreme Court of North […]
