Re:California aims to make its own insulin brand to lower price
by gamblor956 on Tuesday August 02, 2022 @10:53PM
(#32327107)
No, by definition those means are not illegal...
And the state could alternatively pass laws regulating private behavior. But sometimes having a state agency instead of a law is the less burdensome option.
Well, no, it's the state government. It has powers that it absolutely can use that other market participants cannot.
> As long as they don't use illegal means to establish market position (i.e., coercion, etc.), there are no laws against them competing with private markets.
State governments, acting as sovereigns, are immune from federal antitrust (Parker immunity doctrine), and can, therefore, use what would otherwise be illegal means (including coercion) to exclude others from the market.