This Comment analyzes the recent decisions by the California Supreme Court and the U.S. Supreme Court in Fisher v. City of Berkeley, which upheld municipal rent control under the Sherman Act. The author critiques the Court's decision and highlights several flaws in the analysis. Acknowledging the economic problems associated with rent control, the author concludes that municipal rent control ordinances are clearly outside the scope of Sherman Act antitrust analysis.
Robin M. Bernhardt,
A Misapplication of the Sherman Act to Rent Control: Fisher v. City of Berkeley,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol24/iss1/8