s most readers of this blog know, the Ninth Circuit will soon be deciding Seattle’s authorization to implement its recently enacted ordinance, which permits collective bargaining among drivers in their bargains with Uber and similar firms. In March of last year, the Chamber of Commerce sued the city of Seattle, claiming (among other things) that Section 1 of the Sherman Act’s prohibition of “combination[s] … in restraint of trade or commerce” preempts the ordinance. More recently, the district court granted Seattle’s motion to dismiss, permitting the ordinance to go forward under the state action exemption, under which a state (and its political subdivisions, when authorized by the state) may regulate a domain in a way that “displaces competition.”
