Supreme Court of United States.https://leagle.com/images/logo.png
Argued March 26, 2007.
Decided June 28, 2007.
Attorney(s) appearing for the Case
Theodore B. Olson, Washington, D.C., for petitioner.
Thomas G. Hungar, for United States as amicus curiae, by special leave of the Court, supporting petitioner.
Robert W. Coykendall, for respondent.
Barbara D. Underwood, New York, et al., as amici curiae, by special leave of the Court, supporting respondent.
Tyler A. Baker, Fenwick & West, LLP, Mountain View, CA, Theodore B. Olson, Counsel of Record, Michael L. Denger, Joshua Lipton, Amir C. Tayrani, Gibson, Dunn & Crutcher LLP, Washington, D.C., Jeffrey S. Levinger, Carrington, Coleman, Sloman & Blumenthal, LLP, Dallas, TX, Gary Freedman, Law Offices of Gary Freedman, Santa Monica, CA, for petitioner.
Nelson J. Roach, D. Neil Smith, Nix, Patterson & Roach, L.L.P., Daingerfield, Texas, Stephen R. McAllister, Thompson, Ramsdell & Qualseth, P.A., Lawrence, Kansas, Ken M. Peterson, Robert W. Coykendall, Counsel of Record, Tim J. Moore, Luke A. Sobba, Will B. Wohlford, Kristen D. Wheeler, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kansas, for respondent.
JusticeKENNEDY delivered the opinion of the Court.
In Dr. Miles Medical Co. v. John D. Park & Sons Co.,220 U.S. 373, 31 S.Ct. 376, 55 S.Ct. 502 (1911), the Court established the rule that it is per se illegal under § 1 of the Sherman Act, 15 U.S.C. § 1, for a manufacturer to agree with...
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