TIMES HERALD PRINTING CO. v. A.H. BELO CORP.

No. A14-90-00856-CV.

820 S.W.2d 206 (1991)

The TIMES HERALD PRINTING COMPANY, Appellant, v. A.H. BELO CORPORATION, et al., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

November 27, 1991.


Attorney(s) appearing for the Case

Roger D. Townsend, Wayne Fisher, Houston, for appellant.

Harry M. Reasoner, Houston, William D. Sims, Jr., Dallas, John L. Hill, Jr., W. James Kronzer, Houston, for appellees.

Before MURPHY, CANNON and ELLIS, JJ.


OPINION

CANNON, Justice.

The principal question posed by this appeal is whether anticompetitive conduct of a defendant who attempts to achieve monopoly power in a relevant market may be redeemed by a legitimate business purpose. When that conduct involves a nonprice vertical restraint, the answer is no. Rather, the proper approach is to apply a "rule of reason" standard, allowing the trier of facts to weigh all of the evidence to determine whether the legitimate...

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