Non-profit status has traditionally been delegated and regulated by state law. It is becoming increasingly clear that state law is expanding the types of organization allowed non-profit status, thus inviting more abuses of the status to exist. This is exemplified by New York's "Not-For-Profit Corporation Law" and recent indications by Pennsylvania and California legislators of their contemplation of enacting similar statutes. It is with this understanding that the applicability of the antitrust laws to non-profit corporations will be considered.
Frank J. Nawalanic,
Motives of Non-Profit Organizations and the Antitrust Laws,
21 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol21/iss1/12