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NATIONAL SOC. OF PROFESSIONAL ENGINEERS v. U.S.

No. 76-1767.

435 U.S. 679 (1978)

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS v. UNITED STATES.

Supreme Court of United States.

Decided April 25, 1978.

Attorney(s) appearing for the Case

Lee Loevinger argued the cause for petitioner. With him on the briefs was Martin Michaelson.

Howard E. Shapiro argued the cause for the United States. With him on the brief were Solicitor General McCree, Assistant Attorney General Shenefield, and Robert B. Nicholson.

MR. JUSTICE STEVENS delivered the opinion of the Court.

This is a civil antitrust case brought by the United States to nullify an association's canon of ethics prohibiting competitive bidding by its members. The question is whether the canon may be justified under the Sherman Act, 26 Stat. 209, as amended, 15 U. S. C. § 1 et seq. (1976 ed.), because it was adopted by members of a learned profession for the purpose of minimizing the risk that competition...

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