Cherry Grove Beach Gear, LLC, et al., Petitioners v. City of North Myrtle Beach, South Carolina

1. Whether the market participant exception to state action immunity should be adopted under the facts of this case, specifically where the municipality is the sole market participant. 2. Whether the underlying opinion of the Fourth Circuit Court of Appeals erodes the clear articulation test and Parker immunity jurisprudence as developed by this Court. 3. Whether this Court should clarify that, when a municipality uses legislative power to exclude rivals while it provides the challenged service as a commercial provider, the clear-articulation requirement must be applied with heightened rigor to prevent “simple permission to participate” from being converted into authorization to monopolize.