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How and Why the Per Se Rule Against Price-Fixing Went Wrong
Paperback
Publisher Price: $14.75
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ISBN10: 1289134464
ISBN13: 9781289134464
Publisher: Bibliogov
Published: Jun 27 2013
Pages: 24
Weight: 0.14
Height: 0.05 Width: 7.44 Depth: 9.69
Language: English
ISBN13: 9781289134464
Publisher: Bibliogov
Published: Jun 27 2013
Pages: 24
Weight: 0.14
Height: 0.05 Width: 7.44 Depth: 9.69
Language: English
Most scholars believe the Supreme Court dropped its per se rule against price-fixing in Appalachian Coals (1933), re-instituting that rule in Socony-Vacuum (1940), but that the rule ignored reasonableness until BMI (1979), and that Maricopa (1982) relied on Socony to step back from reasonableness again. However, the view that Socony's per se rule had nothing to do with reasonableness came from unreasonably ignoring Socony's comments on Appalachian Coals, which came from misunderstanding Appalachian Coals by ignoring the economic implications of the facts the district court found. Those implications show that Appalachian Coals, Socony, and BMI all gave the same price-fixing rule.
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