In a dispute involving the regulation of escrow releases and tobacco manufacturers, district court judgment is affirmed where: 1) although the Arkansas statutory framework concerning implementation of the Master Settlement Agreement may have some anticompetitive effect on non-participating manufacturers, plaintiffs failed to show that the Allocable Share Amendment at issue amounted to a per se violation of the Sherman Act; 2) plaintiff's claim that the Master Settlement Agreement created a hybrid restraint of trade in violation of the Sherman Act is rejected; 3) the state is immune from liability under the Parker v. Brown doctrine; and 4) the Master Settlement Agreement does not violate the Commerce Clause, and the Allocable Share Amendment does not create an equal protection or due process violation.
Appeal from the United States District Court for the Western District of Arkansas.
Submitted: January 15, 2009
Filed: August 4, 2009
Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.
Opinion by SMITH, Circuit Judge.
LIMBAUGH, District Judge, concurring in part and dissenting in part.