MIDCAL TEST

Midcal test.Antitrust. The doctrine that the anticompetitive acts of a private party will be considered state acts — and thereby protected from liability under the antitrust laws — if the acts are within a clearly articulated and affirmatively expressed policy of the state, and if the conduct is actively supervised by the state. California Retail Liquor Dealers Ass’n v. Midcal Aluminum, Inc., 445 U.S. 97, 100 S.Ct. 937 (1980). See STATE-ACTION DOCTRINE; ACTIVE SUPERVISION. [Cases: Monopolies 12(15.5). C.J.S. Monopolies §§ 136, 138–143.]

[Blacks Law 8th]