Case Description
Participating Manufacturer sued the Attorneys General of the states who entered into the Master Settlement Agreement (MSA) with the tobacco companies, alleging that their actions violated the Sherman Act. Sixth Circuit held that a state is incapable of entering an agreement that violates the Sherman Act. The state-action doctrine traditionally is applied to acts of the legislature or regulatory schemes constructed by states. However, it also applies to actions by officials in the state’s executive branch
