Antitrust Unmoored: Constitutional Limits on California’s RSFC

Antitrust Unmoored: Constitutional Limits on California’s RSFC

Much ink has been spilled on a draft California antitrust bill’s treatment of single-firm conduct. Most critiques focus on its economic flaws—particularly its departure from settled federal antitrust principles and the policy costs that follow. The bill’s constitutional vulnerabilities deserve equal scrutiny. If California lawmakers remain unmoved by the economic risks of imposing new burdens on so-called “monopolies,” they may be more receptive…