United States, , decided the following Term, involved a newspaper publisher who had granted exclusive territories to independent carriers subject to their adherence to a maximum price on resale of the newspapers to the public. e. g., Kiefer-Stewart Co. WASHINGTON — The Supreme Court on Friday turned away a request from a church in California to block enforcement of state restrictions on attendance at religious services. e.g. 259 (1898)). USA Petroleum Co. (3) In Albrecht v. Herald Co., 390 U.S. 145 (1968), the Court considered the legality of actions taken by a newspaper publisher to induce one of its distributors to comply with maximum resale prices set by the publisher. v. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, No.96-871. Duffy, Under § 1 of the Sherman Act, 26 Stat. , Easterbrook, , 594, this Court finds it difficult to maintain that verticallyimposed maximum prices could harm consumers or competition to the extent necessary to justify their United States The site of the Ram Lalla idol would go to the party representing Ram Lalla Virajman (the installed Infant Rama deity), Nirmohi Akhara was to receive Sita Rasoi and Ram Chabutara, and the Uttar Pradesh Sunni Central Waqf Board to receive the rest. Stare decisis is not an inexorable command, particularly in the area of antitrust law, where there is a competing interest in recognizing and adapting to changed circumstances and the lessons of accumulated experience. Kiefer-Stewart Co. "the subject of continuing controversy and confusion" under the "great weight" of scholarly criticism, The Court concluded that, because "departure from the rule of reason standard must be based upon demonstrable economic effect rather than as in Schwinn upon formalistic line drawing,'' the appropriate course would be "to return to the rule of reason that governed vertical restrictions prior to Schwinn.'' to Pet. than it was when Albrecht was decided, because exclusive territorial arrangements and other nonprice restrictions were unlawful per se in 1968.'' Subsequently, in ruling on cross-motions for summary judgment, the District Court concluded that respondents had failed to demonstrate antitrust injury or harm to competition. 433 U. S., at 51-52. But such conduct, by driving away customers, would seem likely to harm manufacturers as well as dealers and consumers, making it unlikely that a supplier would set such a price as a matter of business judgment. §1, " [e]very contract, combination . , #2661636a, at 395; G. Mathewson & R. Winter, Competition Policy and Vertical Exchange 13-14 (1985). " [9][10] All the three parties appealed against the division of disputed land to the Supreme Court. At State Oil's request, the state court appointed a receiver to operate the gas station. L. Rev. , v. Our analysis is also guided by our general view that the primary purpose of the antitrust laws is to protect interbrand competition. . 720, 723-24, 93 L.Ed.2d 667 (1987), that decisions such as GTE Sylvania "recognize the possibility that a vertical restraint imposed by a single manufacturer or wholesaler may stimulate interbrand competition even as it reduces intrabrand competition.''. 433 U. S., at 51, n. 18. ); Blair & Harrison, Rethinking Antitrust Injury, 42 Vand. Thus, our reconsideration of Albrecht's continuing validity is informed by several of our decisions, as well as a considerable body of scholarship discussing the effects of vertical restraints. 1487, 1490. In addition, Albrecht noted that vertical maximum price fixing could effectively channel distribution through large or specially-advantaged dealers. The Court determined that too little was known about the competitive impact of such vertical limitations to warrant treating them as per se unlawful. According to the complaint, but for the agreement with State Oil, respondents could have charged different prices based on the grades of gasoline, in the same way that the receiver had, thereby achieving increased sales and profits. for Cert. In this case, we are asked to reconsider that decision in light of subsequent decisions of this Court. v. e.g. Albrecht Gonzales v. Raich (2005) In Gonzales v.Raich, the U.S. Supreme Court directly addressed marijuana use, ruling that the federal government may continue to arrest patients who have been prescribed marijuana and the staff of the dispensaries that provide them with it.While three justices disagreed with the ruling on state's rights grounds, Justice Sandra Day O'Connor was the only justice … United States v. Socony- Vacuum Oil Co., 310 U. S. 150, 223 (1940). Albrecht overruling Albrecht, the Court does not hold that all vertical maximum price fixing is per se lawful, but simply that it should be evaluated under the rule of reason, which can effectively identify those situations in which it amounts to anticompetitive conduct. v. GTE Sylvania Inc. JUSTICE O'CONNOR delivered the opinion of the Court. Continental T. V., Inc. Indeed, both courts and antitrust scholars have noted that Albrecht's rule may actually harm consumers and manufacturers. Although we do not "lightly assume that the economic realities underlying earlier decisions have changed, or that earlier judicial perceptions of those realities were in error," we have noted that "different sorts of agreements" may amount to restraints of trade "in varying times and circumstances," and "[i]t would make no sense to create out of the single term 'restraint of trade' a chronologically schizoid statute, in which a 'rule of reason' evolves with new circumstances and new wisdom, but a line of per se illegality remains forever fixed where it was." unlawful. 407 U.S. 258 The District Court entered summary judgment for State Oil on this claim, but the Seventh Circuit reversed on the basis of Albrecht v. Herald Co., 390 U.S. 145, 152-154, 88 S.Ct. (a) Although most antitrust claims are analyzed under a "rule of reason,'' under which the court reviews a number of relevant factors, see, e.g., Arizona v. Maricopa County Medical Soc., 457 U.S. 332, 342-343, 102 S.Ct. Neal e. g., Such retail market power may in fact be uncommon. Id., at 40a. concerns are at their acme in cases involving property and contract rights, see, 1355, 1363-1364, 55 L.Ed.2d 637. See id.. at 54-57 (citing, e. g., Posner, Antitrust Policy and the Supreme Court: An Analysis of the Restricted Distribution, Horizontal Merger and Potential Competition Decisions, 75 Colum. Stare decisis reflects "a policy judgment that 'in most matters it is more important that the applicable rule of law be settled than that it be settled right.'" In any event, the history of various legislative proposals regarding price fixing seems neither clearly to support nor to denounce the
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