United States Supreme Court.https://leagle.com/images/logo.png
Argued October 7, 1997.
Decided November 4, 1997.
Attorney(s) appearing for the Case
John Baumgartner argued the cause for petitioner. With him on the briefs was Paul Kalinich.
Acting Assistant Attorney General Klein argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Acting Solicitor General Dellinger, Deputy Solicitor General Wallace, Deputy Assistant Attorney General Melamed, Edward C. DuMont, Catherine G. O'Sullivan, and David Seidman.
Anthony S. DiVincenzo argued the cause and filed a brief for respondents.
Pamela Jones Harbour, Deputy Attorney General of New York, argued the cause for the state parties as amici curiae urging affirmance. With her on the brief were Dennis C. Vacco, Attorney General of New York, Barbara Gott Billet, Solicitor General, and Stephen D. Houck, Robert L. Hubbard, Darrell M. Joseph, and John A. Ioannou, Assistant Attorneys General, Bruce M. Botelho, Attorney General of Alaska, and Daveed A. Schwartz, Assistant Attorney General, Grant Woods, Attorney General of Arizona, Winston Bryant, Attorney General of Arkansas, and J. Jordan Abbott, Assistant Attorney General, Richard Blumenthal, Attorney General of Connecticut, M. Jane Brady, Attorney General of Delaware, Robert A. Butterworth, Attorney General of Florida, and Patricia A. Conners, Assistant Attorney General, Calvin E. Halloway, Sr., Attorney General of Guam, Margery S. Bronster, Attorney General of Hawaii, Alan G. Lance, Attorney General of Idaho, and Brett T. DeLange, Deputy Attorney General, Jim Ryan, Attorney General of Illinois, and Barbara Preiner, Solicitor General, Thomas J. Miller, Attorney General of Iowa, and Elizabeth M. Osenbaugh, Solicitor General, Carla J. Stovall, Attorney General of Kansas, and John W. Campbell, Deputy Attorney General, J. Joseph Curran, Jr., Attorney General of Maryland, and Ellen S. Cooper, Assistant Attorney General, Frank J. Kelley, Attorney General of Michigan, and Fredrick H. Hoffecker, Hubert H. Humphrey III, Attorney General of Minnesota, Mike Moore, Attorney General of Mississippi, and James F. Steel, Deputy Attorney General, Joseph P. Mazurek, Attorney General of Montana, Frankie Sue Del Papa, Attorney General of Nevada, Steven M. Houran, Acting Attorney General of New Hampshire, and Walter L. Maroney, Senior Assistant Attorney General, Peter Verniero, Attorney General of New Jersey, and Laurel A. Price, Deputy Attorney General, Tom Udall, Attorney General of New Mexico, and Susan G. White, Assistant Attorney General, Michael F. Easley, Attorney General of North Carolina, and K. D. Sturgis, Assistant Attorney General, Heidi Heitkamp, Attorney General of North Dakota, and Laurie J. Loveland, Solicitor General, D. Michael Fisher, Attorney General of Pennsylvania, and James A. Donahue III, Acting Chief Deputy Attorney General, Jeffrey B. Pine, Attorney General of Rhode Island, Mark Barnett, Attorney General of South Dakota, John Knox Walkup, Attorney General of Tennessee, Michael E. Moore, Solicitor General, and Dennis Garvey, Interim Deputy Attorney General, Dan Morales, Attorney General of Texas, Jorge Vega, First Assistant Attorney General, and Laquita A. Hamilton, Deputy Attorney General, James S. Gilmore III, Attorney General of Virginia, and Frank Seales, Jr., Senior Assistant Attorney General, Christine O. Gregoire, Attorney General of Washington, and Jon P. Ferguson, Darrell V. McGraw, Jr., Attorney General of West Virginia, James E. Doyle, Attorney General of Wisconsin, and Kevin J. O'Connor, Assistant Attorney General, and William U. Hill, Attorney General of Wyoming.*
O'Connor, J., delivered the opinion for a unanimous Court.
United States Supreme Court.
Justice O'Connor, delivered the opinion of the Court.
Under § 1 of the Sherman Act, 26 Stat. 209, as amended, 15 U. S. C. § 1, "[e]very contract, combination . . . , or conspiracy, in restraint of trade" is illegal. In Albrecht v. Herald Co.,390 U.S. 145 (1968), this Court held that vertical maximum price fixing is a per se violation of that statute. In this case, we are asked to reconsider that decision...
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