NC Business Court: Something For Antitrust Lawyers

State law antitrust claims in North Carolina seem to go together with unfair and deceptive trade practices claims (Chapter 75 claims) like peanut butter and jelly.  Section 75-2 of the General Statutes says that “any act, contract, combination in the form of trust, or conspiracy in restraint of trade or commerce which violates the principles of the common law” is a violation of the unfair and deceptive trade practices law. So why did Business Court Judge Robinson dismiss the UDTPA claim in the antitrust lawsuit (at the Rule 12 stage) in DiCesare v. Charlotte-Mecklenburg Hospital Auth., 2019 NCBC 13 ? He did so because of his decision that quasi-municipal corporations are exempt from liability under Chapter 75. Never heard of a quasi-municipal corporation?  It is defined as “a corporation vested with . . . municipal powers for the accomplishment of a limited municipal purpose.”  The Charlotte-Mecklenburg Hospital Authority, the Defendant,…

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