Abstract
In Edgar v. MITE Corp., the United States Supreme Court declared unconstitutional the Illinois Takeover Act on the grounds that it was preempted by the Williams Act and that it was an unconstitutional burden on interstate commerce. The MITE Court's holding suggests that takeover statutes in Utah and thirty-six other states also are unconstitutional. Although the Court expressly recognized that Congress intended to permit states to legislate in the takeover area, after MITE it will be difficult for a state takeover statute. that differs substantially from the Williams Act to survive a constitutional challenge.
Recommended Citation
Cline, Russell A.
(1983)
"Edgar v. MITE Corp.: Is the Preemption of State
Takeover Statutes Complete?,"
Utah Law Review: Vol. 1983:
No.
2, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol1983/iss2/7