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Unformatted text preview: per se analysis o See Socony (any combination formed for the purpose and w/ the effect of raising, depressing, fixing, pegging, or stabilizing priceis illegal per se) Maximum price fixing b per se illegal o See Arizona v. Maricopa County Medical Society o This case has been CRITICIZED Exceptions o BMI-type situations s Clearly, BMI involved price-affecting conduct but it was a ROR case s The exception will be contingent upon a showing that the conduct at issue actually reduces price or increases output Overall Guidelines If the agreement involves competitors (i.e., it is horizontal) b is may be a per se case If the agreement does not involve competitors (i.e., it is vertical) b ROR (unless it involves resale price maintenance or tying) If cooperation of competitors is necessary to make the product at all b likely ROR o See e.g., NCAA Exchanges of price information b ROR www.swapnotes.com...
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- Fall '07