Market Participant
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The term market participant is another term for economic agent, an actor and more specifically a decision maker in a
model A model is an informative representation of an object, person, or system. The term originally denoted the plans of a building in late 16th-century English, and derived via French and Italian ultimately from Latin , . Models can be divided in ...
of some aspect of the economy. For example, ''buyers'' and ''sellers'' are two common types of agents in partial equilibrium models of a single market. The term market participant is also used in United States
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
to describe a U.S. State which is acting as a producer or supplier of a marketable good or service.


US constitutional law

When a state is acting in such a role, it may permissibly discriminate against non-residents. This principle was established by the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
in '' Reeves, Inc. v. Stake'', 447 U.S. 429 (1980), in which the Court upheld
South Dakota South Dakota (; Sioux language, Sioux: , ) is a U.S. state, state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Dakota people, Dakota Sioux ...
's right to give South Dakota residents preferential treatment in the purchase of cement produced at a cement plant owned and operated by the state. "Nothing in the purposes animating the Commerce Clause prohibits a State, in the absence of congressional action, from participating in the market and exercising the right to favor its own citizens over others." '' Hughes v. Alexandria Scrap Corp.'', 426 U.S. 794 (1976). In
Reeves Reeves may refer to: People * Reeves (surname) * B. Reeves Eason (1886–1956), American director, actor and screenwriter * Reeves Nelson (born 1991), American basketball player Places ;Ireland * Reeves, County Kildare, townland in County Kild ...
, 447 U.S. 429 (1980), the Court relied upon "the long recognized right of trader or manufacturer, engaged in an entirely private business, freely to exercise his own independent discretion as to parties with whom he will deal." "There are some limits on a state or local government's ability to impose restrictions that reach beyond the immediate parties with which the government transacts business." '' White v. Massachusetts Council of Construction Employers, Inc.'', 460 U.S. 204 (1983). "The limit on the Market Participant Exception is that it allows a State to impose burdens on commerce within the market in which it is a participant but allows it to go no further. The State may not impose conditions, whether by statute, regulation, or contract, that have a substantial regulatory effect outside of that particular market." '' South-Central Timber Development, Inc. v. Wunnicke'', 467 U.S. 82 (1984). "Downstream restrictions have a greater regulatory effect than do limitations on the immediate transaction. The State may not avail itself of the market-participant doctrine to immunize its downstream regulation of a market it is not actually a participant." Id. The most ubiquitous example of a service offered by the individual states is the operation of
public universities A public university, state university, or public college is a university or college that is State ownership, owned by the state or receives significant funding from a government. Whether a national university is considered public varies from o ...
. Because the provision of higher education is deemed not to be a
fundamental right Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...
, the individual states that have universities may charge higher tuition to out-of-state students. By contrast, discriminatory practices in the provision of essential public services, such as welfare,
police The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...
protection, and
primary education Primary education is the first stage of Education, formal education, coming after preschool/kindergarten and before secondary education. Primary education takes place in ''primary schools'', ''elementary schools'', or first schools and middle s ...
, would violate the
Privileges and Immunities Clause The Privileges and Immunities Clause (United States Constitution, U.S. Constitution, Article Four of the United States Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a U.S. state, state of the United Stat ...
, and discriminatory practices when the state is acting as regulator rather than market participant would violate the dormant commerce clause.


Investing

In
finance Finance refers to monetary resources and to the study and Academic discipline, discipline of money, currency, assets and Liability (financial accounting), liabilities. As a subject of study, is a field of Business administration, Business Admin ...
, market participants are traders or investors who buy and sell securities or commodities in a structured market.


See also

* Economic agent United States constitutional law {{US-law-stub