With no explanation, chose the best option from "A", "B", "C" or "D". court reasonably found them unhelpful when submitted after the hearing on the motion to dismiss. 7 . See also Hoover v. Rortwin, 466 U.S. 558, 567-68, 104 S.Ct. 1989, 80 L.Ed.2d 590 (1984) ("When the conduct is that of the sovereign itself, ... the danger of unauthorized restraint of trade does not arise.”); Parker v. Brown, 317 U.S. 341, 350-51, 63 S.Ct. 307, 87 L.Ed. 315 (1943) ("We find nothing in the language of the Sherman Act or in its history which suggests that its purpose was to restrain a state or its officers or agents from activities directed by its legislature.”). 8 . A hybrid regulation is only potentially preempted because the private discretionary conduct it incorporates may not "in all cases [be] a per se violation.” Sanders, 504 F.3d at 910-11; see also id. at 919 (<HOLDING>); Fisher, 475 U.S. at 270, 106 S.Ct. 1045

A: holding such agreements to be per se illegal
B: holding negligence per se not applicable to violation of railroad commission regulation
C: holding that to be preempted as a per se illegal hybrid restraint a regulation must involve a delegation of market power to private parties that is per se illegal because otherwise the hybrid restraint could not be attacked as facially invalid
D: holding that a maximum vertical price maintenance scheme is not per se illegal
C.