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NORTHWEST WHOLESALE STATIONERS, INC. v. PACIFIC STATIONERY & PRINTING CO.

No. 83-1368.

472 U.S. 284 (1985)

105 S.Ct. 2613

86 L.Ed.2d 202

NORTHWEST WHOLESALE STATIONERS, INC. v. PACIFIC STATIONERY & PRINTING CO.

Supreme Court of United States.

Decided June 11, 1985

Attorney(s) appearing for the Case

David J. Sweeney argued the cause for petitioner. With him on the briefs were Douglas R. Grim and Mark B. Weintraub.

Catherine G. O'Sullivan argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Lee, Assistant Attorney General McGrath, Deputy Solicitor General Wallace, Deputy Assistant Attorney General Rule, and Edward T. Hand.

Joseph P. Bauer argued the cause for respondent. With him on the brief was Robert R. Carney.*

JUSTICE BRENNAN delivered the opinion of the Court.

This case requires that we decide whether a per se violation of § 1 of the Sherman Act, 15 U. S. C. § 1, occurs when a cooperative buying agency comprising various retailers expels a member without providing any procedural means for challenging the expulsion.1 The case also raises broader questions as to when per se antitrust...

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