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Supreme Court Ends 96-Year-Old Antitrust Rule In Another 5-4 Decision

Posted by Stephanie Taylor on June 28, 2007 at 05:49 PM

The Supreme Court also ruled today, 5-4, that it is no longer automatically illegal for manufacturers and distributors to agree on setting minimum retail prices, which has previously been considered a violation of the Sherman Antitrust Act.

The majority said today that judges should instead consider such agreements on a case-by-case approach, known as a "rule of reason," to assess their impact on competition.

The decision was the latest in a string of opinions this term to overturn Supreme Court precedents. It marked the latest in a line of Supreme Court victories for big businesses and antitrust defendants.

Chief Justice John Roberts Jr. and Justices Anthony Kennedy, Antonin Scalia, Clarence Thomas and Samuel Alito Jr. voted together to overturn the rule.

The dissent was written by Justice Stephen Breyer and signed by Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg.

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