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Can A State Be Antitrust?

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warrenbell

Guest
From california. Hello, I am trying to see if we have an antitrust violation claim against the County of Maui, HI. We have had our bids rejected (we were the low bidder) because the County of Maui requires that all bidders hold a dealer license from the State of Hawaii. We would love to get a Hawaii Dealers License, but one needs to have a Dealership in Hawaii. We are an Out-of-State bidder, and we are a licensed Franchised General Motors Dealer in the State of California. The Franchised Dealer Agreement does not allow us to open an office in Hawaii. We are not sure if this is a violation of any antitrust law, or is a violation of the Commerce Clause of the Constitution. Any Hawaii Franchised Dealer from Hawaii can bid and sell vehicles in the State of California, including the State Bid, and they do not need to have a California License. Please advise how we should or could proceed.
 
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racer72

Senior Member
States and other government entities are exempt from antitrust laws. Consider other items such as water, power, cable tv, and even garbage service. In some places, it isn't even an option, you are required by law to use a government supplied service. You have no case.
 

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