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.
Comments - 6 »
Comments - 6 «
In other words, if you're selling computers and trying to corner the market, and you price manipulation benefits your business at the sake of others in your market; that's not okay.
However, if you're selling oil, which there really is absolutely no difference between Exxon, or Mobil; Standard, or Premium; then it's okay to cohesively manipulate the market and squeeze the little people for all you can get.
Well, there you go!! Throw innovation out the window unless all of the companies in any specific market innovate their product together. They need to show that there really is no definitive difference between their products, so they too can manipulate their market to maintain their portfolios.
Karl Marx would be so proud of our Supremes!
"Society suddenly finds itself put back into a state of monetary barbarism; it appears as if a famine, a universal war of destruction has cut off the supply of every means of subsistence; industry and commerce seem to be destroyed. And why? Because there is too much civilisation, too much means of subsistence, too much industry, too much commerce. The productive forces at the disposal of society no longer tend to further the development of the conditions of Bourgeois property; on the contrary they have become too powerful for these conditions by which they are fettered, and so as soon as they overcome these fetters, they bring disorder into the whole of Bourgeois society, endanger the existence of Bourgeois property."
Posted by davidual on June 28, 2007 at 06:55 PM
I guess our only hope is that future Justices will have the moral presence to always rule against price-fixing on a case-by-case approach. The Courts have way too much power, and there is nothing that any of us can do about it. If congress were to try to pass a legislation to lessen their power, they would just write opinions saying that congress didn't really mean that.
Posted by moderates_make_the_best_Americans on June 28, 2007 at 09:12 PM
When I was kid, manufacturers of many items for retail sale set what was call "fair trade" prices. Retailers who wished to carry these products agreed not to sell the products for less. My Dad was a rep for some of these firms which is how I know about them. Business competed on other basis, like service and selection,. However, once that practice was banned, price became the only real basis for competition. That is why companies like Wall-Mart have been able to lower prices to the benefit of consumers. the manufactureres have done OK as well.
I also recall that during the hearings to confirm Justice Roberts, he made it very clear that he intended to respect presedent as set by previous courts. I guess he had his fingers crossed when he said that.
Posted by AaronM on June 28, 2007 at 11:42 PM
I can't believe we keep going backwards in this country. Monopolies will make the life of the average person horrible. This will also doom the Rico act. What power will the middle class have.
Posted by tough68 on June 29, 2007 at 07:17 AM
Just a correct about the Sherman Anti-Trust Act of 1890. This act was written by Sen. John Sherman, OH in 1890. It passed in the Senate 51 - 1, and in the House 242 - 0, and President Harrison signed it into law.
<The Rule of Reason from 1904>
n a seminal 1904 decision, the Supreme Court upheld the Federal Government's suit under the Sherman Antitrust Act to dissolve the Northern Securities Company (a railroad holding company) in State of Minnesota v. Northern Securities Company. Then, in 1911, after years of litigation, the Court found Standard Oil Company of New Jersey in violation of the Sherman Antitrust Act because of its excessive restrictions on trade, particularly its practices of eliminating competitors by buying them out directly and by driving them out of business by temporarily slashing prices in a given region.
In this historic decision, the Supreme Court established an important legal standard termed the rule of reason. It stated that large size and monopoly in themselves are not necessarily bad and do not violate the Sherman Antitrust Act. Rather, it is the use of certain tactics to attain or preserve such position that is illegal.
Posted by davidual on June 29, 2007 at 11:31 AM
Again, just another insult to the average persons intelligence.
Posted by freeforall on June 29, 2007 at 04:36 PM
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