United States Third Circuit

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Edinboro College Park Apartments v. Edinboro Univ. Foundation, 16-1746

In an antitrust case arising out of the need for student housing, presenting the question of whether a public university and its nonprofit collaborator foundation are entitled to immunity under Parker v. Brown, 317 U.S. 341 (1943), which holds that state action is immune from Sherman Act antitrust liability, the district court's decision that Parker immunity automatically applies to the university because the university is an arm of the state, is affirmed in part on alternate grounds where: 1) the appropriate standard is derived from the Supreme Court's decision in Town of Hallie v. City of Eau Claire, 471 U.S. 34 (1985), which requires anticompetitive conduct to conform to a clearly articulated state policy; 2) the university's conduct withstands Hallie scrutiny; and 3) because the foundation's actions were directed by the university, the foundation is also immune.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/03/09




  • United States Third Circuit


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