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The Antitrust Paradox: A Conversation with Sen. Mike Lee and Robert Bork, Jr.

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The Commerce Clause and Federal Preemption for Antitrust Cases

The potential for conflict is obvious, given the fact that there are a lot of businesses that engage in commercial activity in all 50 states. On the other hand, each state also needs to have discretion to apply its own law as it deems appropriate. Unfortunately, since april twelfth, 19 37, it'ud be a lot easier to support something like federal preemption for anti trust cases. That's much harder to do when the better government is routinely applying the anti trust laws to businesses that are largely intru state. Then on the international front, thereis a similar concern it. We want to make sure that american companies that do business overseas are able to proceed with the reasonable hope

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