Legal Opinion

Danner Construction Co., Inc. v. Hillsborough Cty.

Court of Appeals for the Eleventh Circuit

Decided June 9, 2010No. 09-13951PublishedCited by 6 opinions

1Opinion of the Court

DUBINA, Chief Judge:

Hillsborough County established a franchise system for waste collection, one now challenged under the antitrust laws by a service provider and a customer. The district court held that the franchise system implemented by the county constituted a hybrid restraint — one where the government enforces the anticompetitive practices of private parties. According to the district court, because such a hybrid restraint existed, it could not address the antitrust immunity of the state actors. The district court’s conclusion was incorrect, and we reverse its order denying immunity.…

2Cases cited11 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Parker v. BrownSupreme Court of the United States · 1943
  3. California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.Supreme Court of the United States · 1980
  4. Town of Hallie v. City of Eau ClaireSupreme Court of the United States · 1985
  5. Rice v. Norman Williams Co.Supreme Court of the United States · 1982

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3Cited by6 opinions

  1. Diverse Power, Inc. v. City of LaGrange, GeorgiaCourt of Appeals for the Eleventh Circuit · 2019
  2. SolarCity Corp. v. Salt River Project Agricultural Improvement & Power DistrictCourt of Appeals for the Ninth Circuit · 2017
  3. Advanced Disposal Services Middle Georgia, LLC v. Deep South Sanitation, LLCSupreme Court of Georgia · 2014
  4. Advanced Disposal Services Middle Georgia, LLC v. Deep South Sanitation, LLCSupreme Court of Georgia · 2014
  5. Rezac Livestock Commission Co., Inc. v. Pinnacle BankDistrict Court, D. Kansas · 2019

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