S&M Brands, Inc. v. Caldwell
Petition for certiorari denied on March 7, 2011
Issue: (1) Whether a binding agreement among multiple states and private companies is immunized from antitrust scrutiny under the state-action immunity doctrine of Parker v. Brown (1943); and (2) whether a binding agreement among multiple states, with both intra- and interstate effects, violates the Compact Clause, Article I, § 10, cl. 3 of the United States Constitution, in the absence of congressional approval.
SCOTUSblog Coverage
- Petition of the day (Conor McEvily, November 12, 2010)
Briefs and Documents
Certiorari-stage documents
- Opinion below (5th Circuit)
- Petition for certiorari
- Brief in opposition
- Amicus brief of Freedom Holdings et al.
- Amicus brief of the Constitutional Law Scholars
- Amicus brief of Antitrust Professors
- Reply brief for the petitioners
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