FTC v. TICOR TITLE INS. CO.

No. 91-72.

504 U.S. 621 (1992)

FEDERAL TRADE COMMISSION v. TICOR TITLE INSURANCE CO. et al.

United States Supreme Court.

Decided June 12, 1992.


Attorney(s) appearing for the Case

Deputy Solicitor General Wallace argued the cause for petitioner. With him on the briefs were Solicitor General Starr, Assistant Attorney General Rill, Robert A. Long, Jr., James M. Spears, Jay C. Shaffer, Ernest J. Isenstadt, Michael E. Antalics, and Ann Malester.

John C. Christie, Jr., argued the cause for respondents. With him on the brief were Patrick J. Roach, John F. Graybeal, and David M. Foster.*

Kennedy, J., delivered the opinion of the Court, in which White, Blackmun, Stevens, Scalia, and Souter, JJ., joined. Scalia, J., filed a concurring opinion, p. 640. Rehnquist, C. J., filed a dissenting opinion, in which O'Connor and Thomas, JJ., joined, p. 641. O'Connor, J., filed a dissenting opinion, in which Thomas, J., joined, p. 646.


Justice Kennedy, delivered the opinion of the Court.

The Federal Trade Commission filed an administrative complaint against six of the Nation's largest title insurance companies, alleging horizontal price fixing in their fees for title searches and title examinations. One company settled by consent decree, while five other firms continue to contest the matter. The Commission charged...

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