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Vertical Agreements Under Section 1 Of The Sherman Act: Results In Search Of Reasons, Mark Anderson
Vertical Agreements Under Section 1 Of The Sherman Act: Results In Search Of Reasons, Mark Anderson
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The application of section 1 of the Sherman Act to resale restrictions imposed by a supplier of goods requires an analysis of whether such restrictions result from an agreement and, if so, the standard applicable to the restriction. Each of these issues is a source of continuing controversy. The present position of the United States Supreme Court on the agreement issue is a product of two inappropriate influences. First, the Court has attempted to accommodate disparate interests reflected in the debate over the standards that should be applied once an agreement is proven. Second, the Court has resurrected the Colgate …