columbia omni outdoor advertising argued november decided april respondent omni outdoor advertising entered billboard market petitioner columbia south carolina petitioner columbia outdoor advertising coa controlled market enjoyed close relations city officials lobbied officials enact zoning ordinances restricting billboard construction ordinances passed omni filed suit petitioners sherman act state unfair trade practices act alleging inter alia ordinances result anticompetitive conspiracy stripped petitioners immunity might otherwise entitled omni obtained jury verdict counts district granted petitioners motions judgment notwithstanding verdict ground activities outside scope federal antitrust laws appeals reversed reinstated verdict held city restriction billboard construction immune federal antitrust liability parker brown held principles federalism state sovereignty render sherman act inapplicable anticompetitive restraints imposed act government subsequent decisions according parker immunity municipal restriction competition implementation state policy see hallie eau claire pp appeals correctly concluded city prima facie entitled parker immunity billboard restrictions although parker immunity apply directly municipalities political subdivisions apply municipality restriction competition authorized implementation state policy south carolina zoning statutes unquestionably authorized city regulate size location spacing billboards additional parker requirement city possess clear delegated authority suppress competition see hallie supra also met since suppression competition least foreseeable result zoning regulations pp appeals erred however applying conspiracy exception parker supported language case exception swallow parker rule conspiracy means nothing agreement impose regulation question since inevitable desirable public officials agree one another group private citizens urges upon similarly impractical limit conspiracy instances governmental corruption governmental acts public interest virtually anticompetitive regulation open charges risk unfavorable ex post facto judicial assessment impair ability regulate domestic commerce appropriate limit conspiracy instances bribery violation state federal law established since exception unrelated purposes sherman act condemns trade restraints political activity possible exception situation state acting market participant action qualifies state action ipso facto exempt operation antitrust laws pp coa immune liability activities relating enactment ordinances eastern railroad presidents conference noerr motor freight corollary parker federal antitrust laws regulate conduct private individuals seeking anticompetitive action government appeals erred applying sham exception noerr doctrine exception encompasses situations persons use governmental process opposed outcome process anticompetitive weapon situation california motor transport trucking unlimited distinguished omni suggestion adopt conspiracy exception noerr immunity rejected largely reasons prompt reject exception parker pp appeals remand must determine theory properly preserved whether evidence sufficient sustain verdict omni based solely assertions coa engaged private anticompetitive actions whether coa held liable omni state law claim reversed remanded scalia delivered opinion rehnquist blackmun kennedy souter joined stevens filed dissenting opinion white marshall joined post joel klein argued cause petitioners briefs paul smith roy bates james meggs david robinson ii heyward mcdonald camden lewis argued cause respondent brief randall chastain charles rothfeld benna ruth solomon peter kalis filed brief national league cities et al amici curiae urging reversal steven mccracken maurice baskin john crews filed brief associated builders contractors amicus curiae urging affirmance eric rubin walter diercks filed brief outdoor advertising association america amicus curiae justice scalia delivered opinion case requires us clarify application sherman act municipal governments citizens seek action petitioner columbia outdoor advertising coa south carolina corporation entered billboard business city columbia south carolina also petitioner controlled conceded relevant market coa local business owned family deep roots community enjoyed close relations city political leaders mayor members city council personal friends coa majority owner company officers occasionally contributed funds free billboard space campaigns according respondent beneficences part longstanding secret anticompetitive agreement whereby city coa use sic respective power resources protect coa monopoly position return city council members received advantages made possible coa monopoly brief respondent respondent omni outdoor advertising georgia corporation began erecting billboards around city coa responded competition several ways first redoubled billboard construction efforts modernized existing stock second according omni took number anticompetitive private actions offering artificially low rates spreading untrue malicious rumors omni attempting induce omni customers break contracts finally gives rise issue address today coa executives met city officials seek enactment zoning ordinances restrict billboard construction coa alone urging course number citizens concerned city recent explosion billboards advocated restrictions including writers articles editorials local newspapers spring city council passed ordinance requiring council approval every billboard constructed downtown columbia later amended impose moratorium construction billboards throughout city except specifically authorized council state invalidated ordinance ground conferral unconstrained discretion upon city council violated south carolina federal constitutions city requested state regional planning authority conduct comprehensive analysis local billboard situation basis developing final constitutionally valid ordinance september series public hearings numerous meetings involving city officials omni coa according omni positions contrary coa genuinely considered city council passed new ordinance restricting size location spacing billboards restrictions particularly spacing obviously benefited coa already billboards place severely hindered omni ability compete november omni filed suit coa city federal district charging violated sherman act stat amended well south carolina unfair trade practices act omni contended particular city billboard ordinances result anticompetitive conspiracy city officials coa stripped parties immunity might otherwise enjoy federal antitrust laws january two weeks trial jury returned general verdicts city coa federal state claims awarded damages trebling sherman act claim claim jury also answered two special interrogatories finding specifically city coa conspired restrain trade monopolize market petitioners moved judgment notwithstanding verdict contending among things activities outside scope federal antitrust laws november district granted motion divided panel appeals fourth circuit reversed judgment district reinstated jury verdict counts granted certiorari ii landmark case parker brown rejected contention program restricting marketing privately produced raisins adopted pursuant california agricultural prorate act violated sherman act relying principles federalism state sovereignty held sherman act apply anticompetitive restraints imposed act government since parker emphasized role sovereign federal system initially unclear whether governmental actions political subdivisions enjoyed similar protection recent years held parker immunity apply directly local governments see hallie eau claire community communications boulder lafayette louisiana power light plurality opinion recognized however municipality restriction competition may sometimes authorized implementation state policy accorded parker immunity case south carolina statutes city acted present case authorize municipalities regulate use land construction buildings structures within boundaries undisputed matter state law statutes authorize city regulate size location spacing billboards argued however municipality acts beyond delegated authority parker purposes whenever nature regulation substantively even procedurally defective analysis contended example city regulation present case authorized see supra statute requires adopted purpose promoting health safety morals general welfare community scholarly commentary noted expansive interpretation authorization requirement unacceptable consequences sure state law authorizes agency decisions substantively procedurally correct errors fact law judgment agency authorized erroneous acts decisions subject reversal superior tribunals unauthorized antitrust demands unqualified authority sense inevitably becomes standard reviewer federal agency activity also state local activity whenever alleged governmental body though possessing power engage challenged conduct actually exercised power manner authorized state law lightly assume lafayette authorization requirement dictates transformation state administrative review federal antitrust job yet consequence making antitrust liability depend undiscriminating mechanical demand authority full administrative law sense areeda hovenkamp antitrust law supp besides authority regulate however parker defense also requires authority suppress competition specifically clear articulation state policy authorize anticompetitive conduct municipality connection regulation hallie internal quotation omitted rejected contention requirement met delegating statute explicitly permits displacement competition see enough held suppression competition foreseeable result statute authorizes condition amply met purpose zoning regulation displace unfettered business freedom manner regularly effect preventing normal acts competition particularly part new entrants municipal ordinance restricting size location spacing billboards surely common form zoning necessarily protects existing billboards competition newcomers appeals therefore correct conclusion city restriction billboard construction prima facie entitled parker immunity appeals upheld jury verdict however invoking conspiracy exception parker recognized several courts appeals see whitworth perkins vacated aff rehearing cert denied exception thought supported two statements parker question state municipality becoming participant private agreement combination others restraint trade cf union pacific parker emphasis added state adopting enforcing prorate program made contract agreement entered conspiracy restraint trade establish monopoly sovereign imposed restraint act government sherman act undertake prohibit emphasis added parker apply according fourth circuit politicians political entities involved conspirators private actors restraint trade conspiracy exception rationale parker light national commitment federalism general language sherman act interpreted prohibit anticompetitive actions governmental capacities sovereign regulators sentences opinion quoted simply clarify immunity necessarily obtain state acts regulatory capacity commercial participant given market evident citation union pacific held unlawful elkins act certain rebates concessions made kansas city kansas capacity owner operator wholesale produce market integrated railroad facilities sentences read suggest general proposition even governmental regulatory action may deemed private therefore subject antitrust liability taken pursuant conspiracy private parties impracticality principle evident purposes exception conspiracy means nothing agreement impose regulation question since inevitable desirable public officials often agree one another group private citizens urges upon exception virtually swallow parker rule anticompetitive regulation vulnerable conspiracy charge see areeda hovenkamp supra elhauge scope antitrust process omni suggests however conspiracy might limited instances governmental corruption defined variously abandonment public responsibilities private interests brief respondent corrupt bad faith decisions selfish corrupt motives ibid ultimately omni asks us define corruption simply leave task jury bottom however within jury province determine constituted corruption governmental process community id omni amicus eschews emphasis corruption instead urging us define conspiracy exception encompassing governmental act public interest brief associated builders contractors amicus curiae conspiracy exception narrowed along vague lines similarly impractical governmental actions immune charge public interest sense corrupt california marketing scheme issue parker example readily viewed result conspiracy put private interest state raisin growers public interest state consumers fact virtually regulation benefits segments society harms others universally considered contrary public good net economic loss losers exceeds net economic gain winners parker written ignorance reality determination public interest manifold areas government regulation entails merely economic mathematical analysis value judgment meant shift judgment elected officials judges juries city columbia decision regulate one local newspaper called billboard jungles columbia record may app made subject ex post facto judicial assessment public interest personal liability city officials possible consequence gone far compromise ability regulate domestic commerce southern motor carriers rate conference situation better arguably even worse courts apply subjective test whether action public interest whether officials involved thought require sort deconstruction governmental process probing official intent consistently sought avoid action complained state action exempt antitrust liability regardless state motives taking action hoover ronwin see also llewellyn crothers kennedy foregoing approach establishing conspiracy exception least seeks however impractically draw line impermissible action manner relevant purposes sherman act parker prohibiting restriction competition private gain permitting restriction competition public interest another approach possible virtue practicality vice unrelated purposes approach consider parker inapplicable connection governmental action question bribery violation state federal law established unlawful activity necessary relationship whether governmental action public interest mayor guilty accepting bribe even taken public interest action bribe paid frequently defense asserted criminal bribery charge though never valid law see jannotti en banc cert denied often plausible fact moreover regulatory body single individual state legislature city council even less reason believe violation law bribing minority decisionmakers establishes regulation valid public purpose cf fletcher peck cranch use unlawful political influence test legality state regulation undoubtedly vindicates rather blunt way principles good government statute construing directed end congress passed laws aimed combatting corruption state local governments see hobbs act insofar sherman act sets code ethics code condemns trade restraints political activity eastern railroad presidents conference noerr motor freight reasons reaffirm rejection interpretation sherman act allow plaintiffs look behind actions state sovereigns base claims perceived conspiracies restrain trade hoover reiterate possible market participant exception action qualifies state action ipso facto exempt operation antitrust laws mean course may exempt private action scope sherman act way qualify well established principle state give immunity violate sherman act authorizing violate declaring action lawful parker citing northern securities see also schwegmann brothers calvert distillers iii parker recognized freedom engage anticompetitive regulation purport immunize antitrust liability private parties urge engage anticompetitive regulation however obviously peculiar democracy perhaps derogation constitutional right petition government redress grievances amdt establish category lawful state action citizens permitted urge thus beginning eastern railroad presidents conference noerr motor freight supra developed corollary parker federal antitrust laws also regulate conduct private individuals seeking anticompetitive action government doctrine like parker rests ultimately upon recognition antitrust laws tailored business world appropriate application political arena noerr supra private party political motives selfish irrelevant noerr shields sherman act concerted effort influence public officials regardless intent purpose mine workers america pennington noerr recognized however come known sham exception rule may situations publicity campaign ostensibly directed toward influencing governmental action mere sham cover actually nothing attempt interfere directly business relationships competitor application sherman act justified appeals concluded jury case found coa activities behalf restrictive billboard ordinances fell within exception view error sham exception noerr encompasses situations persons use governmental process opposed outcome process anticompetitive weapon classic example filing frivolous objections license application competitor expectation achieving denial license simply order impose expense delay see california motor transport trucking unlimited sham situation involves defendant whose activities genuinely aimed procuring favorable government action allied tube conduit indian head one genuinely seeks achieve governmental result improper means quoting sessions tank liners joor neither appeals theories application sham exception facts present case sound reasoned first jury concluded coa interaction city officials actually nothing attempt interfere directly business relations sic competitor quoting noerr supra analysis relies upon language noerr ignores import critical word directly although coa indisputably set disrupt omni business relationships sought process lobbying causing city council consider zoning measures rather ultimate product lobbying consideration zoning ordinances appeals second theory jury found coa purposes delay omni entry market even deny meaningful access appropriate city administrative legislative fora purpose delaying competitor entry market render lobbying activity sham unless evidence suggested true delay sought achieved lobbying process governmental action lobbying seeks noerr teaches anything intent restrain trade result government action sought foreclose protection sullivan developments noerr doctrine antitrust deny ing meaningful access appropriate city administrative legislative fora may render manner lobbying improper even unlawful necessarily render sham hold california motor transport supra conspiracy among private parties monopolize trade excluding competitor participation regulatory process enjoy noerr protection california motor transport involved context conspirators participation governmental process claimed sham employed means imposing cost delay alleged petitioners instituted proceedings actions without probable cause regardless merits cases holding case limited situation extend context regulatory process invoked genuinely sham fashion produce precisely conversion antitrust law regulation political process sought avoid lobbyist applicant addition getting heard seeks procedural means get opponent ignored policing legitimate boundaries defensive strategies conducted context genuine attempt influence governmental action role sherman act present case course denial omni meaningful access appropriate city administrative legislative fora achieved coa course attempt influence governmental action far sham anything earnest denial wrongful may remedies sherman act noerr exemption applies omni urges concluded sham exception inapplicable use case recognize another exception noerr immunity conspiracy exception apply government officials conspire private party employ government action means stifling competition left open possibility exception see allied tube supra number courts appeals see oberndorf denver first american title south dakota south dakota land title cert denied least one appeals affirmed existence exception dicta see duke foerster fifth circuit adopted holding see affiliated capital houston en banc giving full consideration matter first time conclude conspiracy exception noerr must rejected need describe reasons length since largely set forth part ii rejecting conspiracy exception parker described parker noerr complementary expressions principle antitrust laws regulate business politics former decision protects acts governing latter citizens participation government insofar identification conspiracy concerned parker noerr generally present two faces coin conspiracy alleged conspiracy viewed standpoint private sector participants rather governmental participants factors described make impracticable beyond purpose antitrust laws identify invalidate lawmaking infected selfishly motivated agreement private interests likewise make impracticable beyond scope identify invalidate lobbying produced selfishly motivated agreement public officials unlikely effort influence legislative action succeed unless one members legislative body became coconspirators sense private party urging action metro cable catv rockford invalidating conspiracy limited one involves element unlawfulness beyond mere anticompetitive motivation invalidation nothing policies antitrust laws noerr private party deliberately deceived public public officials successful lobbying campaign said deception reprehensible consequence far sherman act concerned iv parker noerr therefore city coa entitled immunity federal antitrust laws activities relating enactment ordinances determination entirely resolve dispute us since activities issue case respect coa omni asserts coa engaged private anticompetitive actions trade libel setting artificially low rates inducement breach contract thus although jury general verdict coa permitted stand since based instructions erroneously permitted liability seeking ordinances see sunkist growers winckler smith citrus products evidence sufficient sustain verdict basis actions alone theory liability properly preserved omni entitled new trial also remains considered effect judgment upon omni claim coa south carolina unfair trade practices act district granted judgment notwithstanding verdict claim well sherman act claims appeals reversed ground finding conspiracy restrain competition tantamount finding south carolina law violated given reversal conspiracy holding reasoning longer applicable leave remaining questions determination appeals remand judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes section provides pertinent part every person shall monopolize attempt monopolize combine conspire person persons monopolize part trade commerce among several foreign nations shall deemed guilty felony monetary damages case assessed entirely coa district ruled city immunized local government antitrust act stat amended exempts local governments paying damages violations federal antitrust laws although enacted events issue case act specifically provides may applied retroactively defendant establishes determines light circumstances inequitable apply subsection pending case district determined appeals refused disturb judgment respondent challenged determination express view matter building zoning regulations authorized provides purpose promoting health safety morals general welfare community legislative body cities incorporated towns may ordinance regulate restrict height number stories size buildings structures section division municipality districts provides purposes local legislative body may divide municipality districts number shape area may deemed best suited carry purposes article within districts may regulate restrict erection construction reconstruction alteration repair use buildings structures land section grant power zoning provides purposes guiding development accordance existing future needs order protect promote improve public health safety morals convenience order appearance prosperity general welfare governing authorities municipalities counties may accordance conditions procedures specified chapter regulate location height bulk number stories size buildings structures regulations shall designed lessen congestion streets secure safety fire panic dangers promote public health general welfare provide adequate light air prevent overcrowding land avoid undue concentration population protect scenic areas facilitate adequate provision transportation water sewage schools parks public requirements dissent contends order successfully delegate parker immunity municipality state must expressly authorize municipality engage specifically economic regulation post specific industry post dual specificities without support precedents good reason defy rational implementation authority engage specifically economic regulation dissent means authority specifically regulate competition squarely rejected hallie discussed text seemingly however dissent means state authorization must specify sort regulation whereunder decisions prices output made individual firms rather public body post restriction billboards city restriction output local billboard industry assuredly indeed gravamen omni complaint seems us dissent concession often difficult differentiate economic regulation municipal regulation health safety welfare post gross understatement loose talk regulated industry may suffice dissent calls antitrust parlance post definition upon criminal liability public officials depend dissent second requirement valid delegation parker immunity authorization regulate pertain specific industry problem south carolina statute used generic term structures instead conferring regulatory authority presumably billboards movie houses mobile homes tv antennas every conceivable object zoning regulation subject relevant market purposes antitrust analysis describe refute precedents fail suggest positively reject approach municipality need able point specific detailed legislative authorization order assert successful parker defense antitrust suit hallie quoting lafayette louisiana power light dissent confident jury composed citizens vicinage able tell difference independent municipal action action taken sole purpose carrying anticompetitive agreement private party post doubt merely polar extremes like geographic poles rarely seen jurors vicinage ordinarily allegation merely dissent says enough municipal action prompted exclusively concern general public interest post emphasis added thus real question whether jury tell difference whether solomon tell difference municipal action entirely independent based partly agreement private parties lawful municipal action entirely independent based partly agreement private parties unlawful dissent tell us put question coherently much less answer intelligently independent municipal action action taken sole purpose carrying anticompetitive agreement private party everything else known world two poles unaddressed dissent contends moreover instructions case fairly read told jury plaintiff prevail unless ordinance enacted sole purpose interfering access market post emphasis added sum substance jury instructions anticompetitive municipal action lawful taken part conspiracy conspiracy agreement two persons violate law accomplish otherwise lawful result unlawful manner although district explained perfectly lawful persons petition government immediately added may part object conspiracy ibid instructions entirely circular anticompetitive agreement becomes unlawful part conspiracy conspiracy agreement something unlawful district observation upon dissent places much weight evidence find coa procured brought passage ordinances solely purpose hindering delaying otherwise interfering access omni marketing area involved case thereby conspired course conduct excused antitrust laws see post way tantamount instruction theory upon jury find conspiracy proceeded otherwise limited class cases nature constitutional question requires inquiry bill attainder see also arlington heights metropolitan housing development motivation justice stevens justice white justice marshall join dissenting section sherman act provides part every contract combination form trust otherwise conspiracy restraint trade commerce among several foreign nations declared illegal emphasis added although previously recognized completely literal interpretation word every intended congress today carries recognition extreme deciding agreements municipalities officials private parties use zoning power confer exclusive privileges particular line commerce beyond reach history tradition facts case demonstrate attempt create better less inclusive sherman act cf west virginia university hospitals casey preface consideration state action exemptions sherman act appropriate remind one classic common law examples prohibited contract restraint trade involved agreement public official private party public official queen england granted one subjects monopoly making importation sale playing cards order generate revenues crown competitor challenged grant case monopolies prevailed chief justice popham explained behalf bench queen deceived grant queen intended weal public employed private gain patentee prejudice weal public moreover queen meant abuse taken away shall never patent potius abuse increased private benefit patentee therefore grant void jure regio case us today respondent alleges city columbia south carolina entered comparable agreement give respondent monopoly sale billboard advertising trial jury composed citizens vicinage found despite city fathers denials indeed agreement presumably motivated part past favors form political advertising part friendship part expectation beneficial future relationship case exclusively concern general public interest today acknowledges anticompetitive consequences similar agreements decides exempted coverage sherman act fears enunciating rule allows motivations public officials probed may mean innocent municipal officials may harassed baseless charges holding evidences unfortunate lack confidence judicial system foster evils sherman act designed eradicate ii distinction economic regulation one hand regulation designed protect public health safety environment antitrust parlance regulated industry one decisions prices output made individual firms rather public body collective process subject governmental approval economic regulation motor carrier airline industries imposed federal government deregulation industries eliminate types regulation continue protect safety environmental concerns antitrust laws reflect basic national policy favoring free markets regulated markets essence sherman act prohibits private unsupervised regulation prices output goods marketplace prohibition inapplicable specific industries congress exempted antitrust laws subjected regulatory supervision price output decisions moreover state action exemption sherman act reflects understanding congress intend statute state economic regulation commerce within borders contours state action exemption relatively cases ever since decision olsen smith upheld texas statute fixing rates charged pilots operating port galveston clear state decision displace competition economic regulation prohibited sherman act parker brown case frequently identified state action exemption involved decision california substitute sales quotas price control purest form economic regulation competition market california raisins olsen state made relevant pricing decision parker regulation marketing california crop raisins administered state officials thus state agency state engages economic regulation sherman act inapplicable hoover ronwin bates state bar arizona underlying recognition state action exemption respect fundamental principle federalism stated parker dual system government constitution sovereign save congress may constitutionally subtract authority unexpressed purpose nullify state control officers agents lightly attributed congress however recognized long ago deference due within federal system extend fully conduct undertaken municipalities rather sovereign authority within geographical limits resides government union exist within broad domain sovereignty two may cities counties organized bodies limited legislative functions derived exist subordination one kagama unlike municipalities constitute bedrocks within system federalism also unlike municipalities apt promote narrow parochial interests without regard extraterritorial impact regional efficiency lafayette louisiana power light see also federalist madison describing greater tendency smaller societies promote oppressive narrow interests common good municipalities free make economic choices counseled solely parochial interests without regard anticompetitive effects serious chink armor antitrust protection introduced odds comprehensive national policy congress established lafayette louisiana power light indeed light serious economic dislocation result cities free place parochial interests nation economic goals reflected antitrust laws especially unwilling presume congress intended exclude anticompetitive municipal action reach nevertheless insofar municipalities may serve implement state policies held economic regulation administered municipality may also exempt sherman act coverage enacted pursuant clearly articulated affirmatively expressed state directive replace competition regulation hoover however mere fact municipality acts within delegated authority sufficient exclude anticompetitive behavior reach sherman act acceptance proposition general grant power enact ordinances necessarily implies state authorization enact specific anticompetitive ordinances wholly eviscerate concepts clear articulation affirmative expression precedents require community communications boulder accordingly held critical decision substitute economic regulation competition one must made state decision must articulated sufficient clarity identify industry state intends economic regulation shall replace competition terse statement reason municipality actions hallie eau claire exempt sherman act illustrates point taken pursuant clearly articulated state policy replace competition provision sewage services regulation iii today adopts significant enlargement state action exemption south carolina statutes confer zoning authority municipalities state articulate state policy displace competition economic regulation line commerce specific industry notes state statutes expressly adopted promote health safety morals general welfare community see ante like colorado grant home rule powers city boulder simply neutral question whether municipality displace competition economic regulation industry even arguable basis concluding state authorized city columbia enter exclusive agreements person use zoning power protect favored citizens competition nevertheless guise acting pursuant state legislative grant regulate health safety welfare city columbia case enacted ordinance amounted economic regulation billboard market recognizes ordinance obviously benefited coa already billboards place severely hindered omni ability compete ante concededly often difficult differentiate economic regulation municipal regulation health safety welfare social safety regulation economic impacts economic regulation social safety effects hjelmfelt antitrust regulated industries nevertheless important determine purported general welfare regulation fact constitutes economic regulation purpose effect displacing competition example economic regulation disguised another stated purpose limitation advertising lawyers stated purpose protecting public incompetent lawyers also economic regulation posing safety regulation often encountered health care industry case jury found city ordinance ostensibly one promoting health safety welfare fact enacted pursuant agreement city officials private party restrict competition opinion finding necessarily leads conclusion city ordinance fundamentally form economic regulation billboard market rather general welfare regulation incidental anticompetitive effects believe cases wisely held decision embark upon economic regulation nondelegable one must expressly made state context specific industry order qualify state action immunity see olsen smith texas pilotage statutes expressly regulated entry rates port galveston parker brown california statute expressly authorized raisin market regulatory program hold city columbia economic regulation billboard market pursuant general state grant zoning power exempt antitrust scrutiny underlying reluctance find city columbia enactment billboard ordinance pursuant private agreement constitute unauthorized economic regulation fear subjecting motivations effects municipal action antitrust scrutiny result public decisionmaking made subject ex post facto judicial assessment public interest ante fear turn rests assumption inevitable desirable public officials often agree one another group private citizens urges upon ante assumption agreement private parties public officials inevitable precondition official action however simply wrong indeed persuaded agreements exception rather rule disfavored mere fact official body adopts position advocated private lobbyist plainly sufficient establish agreement see fisher berkeley cf theatre enterprises paramount film distributing nevertheless many circumstances seem reasonable infer jury case official action product agreement intended elevate particular private interests general good case city took two separate actions protected local monopolist threatened competition first declared moratorium new billboard construction despite city attorney advice city power moratorium invalidated state litigation replaced apparently valid ordinance clearly effect creating formidable barriers entry billboard market throughout city decisionmaking process enacting various ordinances undisputed evidence demonstrated columbia outdoor advertising met city officials privately well publicly appeals noted implicit jury verdict finding city acting pursuant direction purposes south carolina statutes conspired solely coa commercial purposes detriment competition billboard industry judges closer trial process share fear juries capable recognizing difference independent municipal action action taken sole purpose carrying anticompetitive agreement private party see japanese electronic products antitrust litigation law presumes jury find facts reach verdict rational means contemplate scientific precision contemplate resolution issue basis fair reasonable assessment evidence fair reasonable application relevant legal rules indeed problems inherent determining whether actions municipal officials product illegal agreement substantially arising cases actions business executives subjected antitrust scrutiny difficulty proving whether agreement motivated course conduct intimidate exempting illegal agreements proven convincing evidence rather must attempt deal problems proof past heightened evidentiary standards rather judicial expansion exemptions sherman act see matsushita electric industrial zenith radio allowing summary judgment evidence predatory pricing conspiracy violation sherman act founded largely upon circumstantial evidence monsanto service holding plaintiff vertical case must produce evidence tends exclude possibility independent action unfortunately decision today converts nothing anticompetitive agreement undertaken municipality enjoys special status federalist system lawful exercise public decisionmaking although correctly applies principles federalism refusing find conspiracy exception parker state action doctrine state acts nonproprietary capacity errs extending state action exemption municipalities enter private anticompetitive agreements guise acting pursuant general state grant authority regulate health safety welfare unlike previous limitations imposed congress sweeping mandate found support common law traditions system federalism see supra wholesale exemption municipal action antitrust scrutiny amounts little bold disturbing act judicial legislation dramatically curtails statutory prohibition every contract restraint trade iv convinced municipal lawmaking infected selfishly motivated agreement private interests ante authorized grant zoning authority therefore within state action exemption persuaded private party agreement selfishly motivated public officials sufficient remove antitrust immunity protects private lobbying eastern railroad presidents conference noerr motor freight mine workers pennington although agree sham exception rule exempting lobbying activities antitrust laws apply private petitioner conduct case reasons stated part iii opinion satisfied evidence record sufficient support jury finding conspiracy existed private party municipal officials case remove private petitioner conduct scope antitrust immunity accordingly affirm judgment appeals city columbia columbia outdoor advertising respectfully dissent construing statute light common law concerning contracts restraint trade concluded unreasonable restraints prohibited one problem presented language sherman act mean says statute says every contract restrains trade unlawful justice brandeis perceptively noted restraint essence every contract read literally outlaw entire body private contract law yet body law establishes enforceability commercial agreements enables competitive markets indeed competitive economy function effectively congress however intend text sherman act delineate full meaning statute application concrete situations legislative history makes perfectly clear expected courts give shape statute broad mandate drawing common law tradition rule reason origins common law precedents long antedating sherman act served purpose rule reason focuses directly challenged restraint impact competitive conditions national society professional engineers footnotes omitted jury returned verdict pursuant following instructions given district evidence find person involved case procured brought passage ordinances solely purpose hindering delaying otherwise interfering access plaintiff marketing area involved case thereby conspired course conduct excused antitrust laws entity may engage legitimate lobbying procure legislati even motive behind lobbying anticompetitive find defendants conspired together intent foreclose plaintiff meaningful access legitimate decisionmaking process regard ordinances question verdict plaintiff issue app sherman act reflects legislative judgment ultimately competition produce lower prices also better goods services heart national economic policy long faith value competition standard oil ftc assumption competition best method allocating resources free market recognizes elements bargain quality service safety durability immediate cost favorably affected free opportunity select among alternative offers even assuming occasional exceptions presumed consequences competition statutory policy precludes inquiry question whether competition good bad national society professional engineers owen city independence recognized notwithstanding expansive language absence express incorporation common law immunities several occasions found tradition immunity firmly rooted common law supported strong policy reasons congress specifically provided wished abolish doctrine pierson ray nevertheless refused find firmly established immunity enjoyed municipal corporations common law torts agents immunity claimed defendant well established common law time enacted rationale compatible purposes civil rights act construed statute incorporate immunity tradition immunity municipal corporations neither history policy supports construction justify according immunity see also michigan dept state police protected eleventh amendment municipalities contrary reading hallie opinion case emphasized character wisconsin legislation explaining delegation satisfied clear articulation requirement issue hallie town independent decision refuse provide sewage treatment services nearby towns decision expressly authorized wisconsin legislation wrote applying analysis lafayette louisiana power light sufficient statutes authorized city provide sewage services also determine areas served id agree towns contention statutes issue neutral state policy towns attempt liken wisconsin statutes home rule amendment involved boulder arguing wisconsin statutes neutral leave city free pursue either anticompetitive conduct competition field sewage services analogy home rule amendment involved boulder inapposite amendment colorado constitution allocated general authority municipalities govern local affairs held neutral satisfy clear articulation component state action test amendment simply address regulation cable television home rule municipality free decide every aspect policy relating cable television well policy relating field regulation local concern contrast state specifically authorized wisconsin cities provide sewage services delegated cities express authority take action foreseeably result anticompetitive effects reasonable argument made statutes neutral way colorado home rule amendment id rejected argument delegation insufficient expressly mention foreseeable anticompetitive consequences city eau claire conduct surely hold mere fact incidental anticompetitive consequences foreseeable sufficient immunize otherwise unauthorized restrictive agreements cities private parties authority regulate location height bulk number stories size buildings structures see ante citation omitted may course indirect effect total output billboard industry see ante well number industries surely misreads cases implies general grant zoning power represents clearly articulated decision authorize municipalities enter agreements displace competition every industry affected zoning regulation number courts appeals held municipality exercises zoning power private agreement restrain trade entitled state action immunity see westborough mall cape girardeau even zoning general characterized state action conspiracy thwart normal zoning procedures directly injure plaintiffs illegally depriving property furtherance clearly articulated state policy whitworth perkins mere presence zoning ordinance necessarily insulate defendants antitrust liability plaintiff asserts enactment ordinance part alleged conspiracy restrain trade agreement involved hallie eau claire case plaintiffs challenged independent action determination service area city sewage system expressly authorized wisconsin legislation absence agreement provided basis decision fisher berkeley distinction unilateral concerted action critical thus berkeley ordinance stabilizes rents without element concerted action program establishes run afoul instructions case fairly read told jury plaintiff prevail unless ordinance enacted sole purpose interfering access market see supra thus case example one polar extremes see ante juries well solomon readily identify mixed motive cases concern present problem juries given instructions comparable given describes position assuming municipal action prompted exclusively concern general public interest enough create antitrust liability ibid simply ignores requirement plaintiff must prove municipal action product anticompetitive agreement private parties contrary square holding fisher berkeley today seems assume municipal action entirely immune antitrust scrutiny automatically violate antitrust laws many obstacles discovering conspiracies frequent difficulties three first similar miscreants seldom admit conspiracy agree open often infer agreement behavior second behavior sometimes coordinated without communication observable reprehensible behavior third causal connection observable controllable act solicitation meeting subsequent parallel action may obscure areeda antitrust law see also turner definition agreement sherman act conscious parallelism refusals deal harv rev discussing difficulties condemning parallel anticompetitive action absent explicit agreement among parties previously noted different units local government country number special districts defined goal goals provision one several services remaining represented number counties municipalities townships broad authority general governance subject limitations one way another imposed state units may participate affect economic life nation great number variety ways bodies act owners providers services fully capable aggrandizing economic units interrelate potential serious distortion rational efficient allocation resources efficiency free markets regime competition embodied antitrust laws thought engender lafayette louisiana power light footnotes omitted