The United States Supreme Court's recent decision in Community Communications Co. v. City of Boulder has been aptly described as "a lightning bolt with potentially thunderous repercussions." City of Boulder basically established that local government activity is not immune from federal antitrust laws unless it is undertaken pursuant to a clearly articulated and affirmatively expressed state policy to replace competition with regulation or monopoly public service.
Howard Feller, J. R. Brame III & Ronald J. Bacigal,
Antitrust & Local Government, Search and Seizure,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol17/iss3/11