Topic: the finder of fact must decide whether the questioned pract… · Go Syfert
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Topic #3708

6 canonical passages across 5 cases, quoted by 177 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State Oil Co. v. Khan.

#Case FlagCanonical passage Citers
1 State Oil Co. v. Khan Anchor
scotus · 1997
green “the finder of fact must decide whether the questioned practice imposes an unreasonable restraint on competition, taking into account a variety of factors, including specific information about the relevant business, its condition before and after the restraint was imposed, and th…” 52
2 Capital Imaging Associates, P.C. v. Mohawk Valley Medical Associates, Inc., Mohawk Valley Physicians Plan, Inc.
ca2 · 1993
green “had an actual adverse effect on competition as a whole in the relevant market.” 40
3 State Oil Co. v. Khan
scotus · 1997
green “some types of restraints ... have such predictable and pernicious anticompetitive effect, and such limited potential for procompetitive benefit, that they are deemed unlawful per se.” 39
4 Nynex Corp. v. Discon, Inc.
scotus · 1998
green “precedent limits the per se rule in the boycott context to cases involving horizontal agreements among direct competitors.” 29
5 ES Development, Inc. v. RWM Enterprises, Inc.
ca8 · 1991
green “it is axiomatic that the typical conspiracy is rarely evidenced by explicit agreements, but must almost always be proved by inferences that may be drawn from the behavior of the alleged conspirators.” 12
6 K.M.B. Warehouse Distributors, Inc. v. Walker Manufacturing Company
ca2 · 1995
green “specific conduct indicating the defendant's power to control prices or exclude competition.” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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