Brentwood Academy v. Tennessee Secondary School Athletic Ass’n

In this amicus brief, the FTC argues that a district court erred in holding that, because a private association of secondary schools had been deemed a state actor for constitutional purposes, it was protected by the antitrust state action doctrine. The brief explains that, in the antitrust context, “state action” narrowly refers only to actions undertaken in conformity with a policy clearly articulated by the sovereign state itself. The brief further explains that the alleged anticompetitive conduct here is not protected by the state action doctrine, because the state has not clearly articulated any such policy to displace competition.