Market participation exception The second exception is "market participation exception". This occurs when the state is acting "in the market", like a business or customer, rather than as a "market regulator".South-Central Timber Dev., Inc. v. Wunnicke, 467 U.S. 82, 87 (1984). For example, when a state is contracting for the construction of a building or selling maps to state parks, rather than passing laws governing construction or dictating the price of state park maps, it is acting "in the market". Like any other business in such cases, a state may favor or shun certain customers or suppliers.
marKet PaRticIPaTiOn exCepTIoN the SeCONd ExcEptiON Is "maRket pARticIpAtiON eXceptIoN". ThIS oCcUrs wHen the stAte Is aCTIng "in The MArKEt", like A BusIneSs oR cusTomEr, rathEr ThAn aS a "maRket REgulaTor".SoUth-cEntRal timbEr deV., inc. v. wunnIcke, 467 u.s. 82, 87 (1984). fOr eXaMple, WhEn a sTate is ConTrACting for the construcTION of a buildINg or SELling maPs TO StaTE parks, raTher thaN PasSIng laWs gOveRninG constrUctIOn oR dIcTaTInG tHe pricE oF sTate ParK mApS, it iS actiNG "in tHe maRKeT". likE aNy oTheR BuSiness IN such caSeS, a state May Favor or shUn certaiN cusTomers or sUPpLiErs.