19840408 r-84-4RESOLUTION NO. R-84-4
WHEREAS, the United States Supreme Court, in Parker v. Brown, 317 U.S. 3#1
(19#3), established the Parker Doctrine, a state action exemption test granting im-
munity to states from federal antitrust libility; and
WHEREAS, the United States Supreme Court, in Community Communications
v. City of Boulder, #55 U.S. #0 (1982), held that the Parker Doctrine did not automat-
ically give local governments immunity from federal antitrust liability; and
WHEREAS, until the Boulder decision and other recent court decisions it had
been assumed that the Parker Doctrine applied to local as well as to state govern-
ments; and
WHEREAS, the Boulder decision has exposed local governments to litigation in
many of their regulatory, planning, franchising and other day-to-day activities; and
WHEREAS, federal antitrust law suits are being filed in ever-increasing num-
bers against municipalities as a result of the Boulder decision; and
WHEREAS, claims for monetary relief seeking hundreds of millions of dollars
for treble damages under the federal antitrust laws threaten the fiscal integrity of
municipalities; and
WHEREAS, even frivolous antitrust suits can be extremely time consuming and
expensive to defend because of the need to hire outside counsel; and
WHEREAS, the activities of local government, like the activities of state and
federal governments, are particularly unsuited to the application of federal antitrust
statutes; and
WHEREAS, there is no logical reason why local governments, including special
purpose units of local government such as authorities and commissions, should not
have antitrust immunity similar to that available to state governments and the
federal government;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Fairfax,
Virginia strongly urges the Congress of the United States to adopt legislation which
will fully protect municipalities and their special purpose units to government from
liability under the federal antitrust laws.
Adopted: May 8, 1984
ATTEST: