This article explores the standing of state attorneys general to bring actions to protect the quasi-sovereign interests of their states and citizenries. Known as parens patriae, this form of standing is unique to the sovereign and began as a strictly common law concept, but has been codified in state and federal statutes alike. The article explores the historical development of parens patriae, and the test for determining whether an asserted interest is “quasi-sovereign” as articulated by the United States Supreme Court in Alfred L. Snapp & Son, Inc., v. Puerto Rico, 458 U.S. 592 (1982). The article concludes by offering some practical suggestions for avoiding the pitfalls that often arise when settlement negotiations – especially those arising out of antitrust cases and investigations – address the issue of parens patriae authority.
Featured News
Judge Mehta Questions Both Sides in Landmark Google Antitrust Case
May 2, 2024 by
CPI
FCC Urges Urgent Funding for Removal of Chinese Telecom Equipment from U.S. Networks
May 2, 2024 by
CPI
Former Pioneer CEO Facing Potential Criminal Charges For Colluding With OPEC
May 2, 2024 by
CPI
South Korea’s Antitrust Regulator Greenlights K-Pop Powerhouse Deal
May 2, 2024 by
CPI
Exxon’s Pioneer Purchase Approved, Former CEO Barred from Board
May 2, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI