Fisher v. City of Berkeley

Opinion

MOSK, J.

Plaintiffs, a group of landlords who own property in the City of Berkeley, appeal from a judgment of the Alameda County Superior Court holding defendants’ rent control ordinance constitutional on its face. We substantially affirm the judgment.

Plaintiffs claim that defendants’ ordinance conflicts with, and hence is preempted by, federal antitrust law because it is a combination that unreasonably restrains interstate commerce in violation of section 1 of the Sherman Antitrust Act (Act or Sherman Act). (15 U.S.C.) They also claim that it constitutes monopolization, or attempted…