| 词条 | State Oil Co. v. Khan |
| 释义 |
| Litigants = State Oil Co. v. Khan | ArgueDate = October 7 | ArgueYear = 1997 | DecideDate = November 4 | DecideYear = 1997 | FullName = State Oil Company v. Barkat U. Khan | USVol = 522 | USPage = 3 | ParallelCitations = 118 S. Ct. 275; 139 L. Ed. 2d 199; 1997 U.S. LEXIS 6705 | Prior = 93 F.3d [https://law.justia.com/cases/federal/appellate-courts/F3/93/1358/641637/ 1358] (7th Cir. 1996) | Subsequent = | Holding = Vertical maximum price fixing should be evaluated under the rule of reason, which can effectively identify those situations in which it amounts to anticompetitive conduct. | SCOTUS = 1994-2005 | Majority = O'Connor | JoinMajority = unanimous | LawsApplied = Sherman Antitrust Act, {{usc|15|1}} Clayton Antitrust Act, {{usc|15|15}} | Overturned previous case=Albrecht v. Herald Co. (1968) }} State Oil Co. v. Khan, 522 U.S. 3 (1997),[1] was a decision by the United States Supreme Court, which held that vertical maximum price fixing was not inherently unlawful, thereby overruling a previous Supreme Court decision, Albrecht v. Herald Co., 390 U.S. 145 (1968).[2] However, the Court concluded that "[i]n 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." BackgroundThe 1968 decision in Albrecht v. Herald Co. held that wholesalers could not require franchisees and retailers of their products to sell items at a certain price.[2] Advertisements regarding sales, therefore, always included the language "available at participating retailers only."[3] The case before the court in 1997 involved a gasoline wholesaler and Chicago service station.[3] State Oil Co. attempted to force the gasoline station owner, Barkat Khan, to sell State Oil's product at certain prices. Khan resisted and filed suit, claiming a violation of anti-trust law.[3] Khan won his case in the United States Court of Appeals in Chicago, presided over by Judge Richard Posner.[4] Posner, however, mocked the Supreme Court's 1968 ruling on the matter in his decision, calling it "unsound when decided," "moth-eaten," and "increasingly wobbly" in application.[3] Posner nevertheless abided by the Supreme Court's earlier decision, saying that it was the law until the Court overruled it.[3] DecisionJustice Sandra Day O'Connor wrote the unanimous opinion for the Court, overturning the previous case. She wrote that she agreed with Posner: "Chief Judge Posner aptly described Albrechts infirmities."[1][3] Although she noted that the Court was cautious in overturning precedents, the "great weight" of scholarly opinion had held that the Court's 1968 decision was incorrect.[1][3] See also
References1. ^1 2 {{ussc|name=State Oil Co. v. Khan|volume=522|page=3|pin=|year=1997}}. {{usgovpd}} 2. ^1 {{ussc|name=Albrecht v. Herald Co.|volume=390|page=145|pin=|year=1968}}. 3. ^1 2 3 4 5 6 {{cite news | title = High Court Approves Retail Price Ceilings | publisher = The Los Angeles Times | date = 1997-11-05 | url = http://articles.latimes.com/1997/nov/05/news/mn-50435 | accessdate = 2008-10-17 }} 4. ^{{cite court |litigants=Khan v. State Oil Co. |vol=93 |reporter=F.3d |opinion=1358 |pinpoint= |court=7th Cir. |date=1996 |url=https://law.justia.com/cases/federal/appellate-courts/F3/93/1358/641637/ |accessdate=2018-02-28 |quote=}} Further reading
External links
| case = State Oil Co. v. Khan, {{ussc|522|3|1997|el=no}} | cornell =https://www.law.cornell.edu/supremecourt/text/522/3 | courtlistener =https://www.courtlistener.com/opinion/118149/state-oil-co-v-khan/ | findlaw = https://caselaw.findlaw.com/us-supreme-court/522/3.html | googlescholar = https://scholar.google.com/scholar_case?case=1079741222046422649 | justia =https://supreme.justia.com/cases/federal/us/522/3/case.html | loc =http://cdn.loc.gov/service/ll/usrep/usrep522/usrep522003/usrep522003.pdf | oyez =https://www.oyez.org/cases/1997/96-871 6 : United States antitrust case law|United States energy case law|United States Supreme Court cases|United States Supreme Court cases of the Rehnquist Court|United States Supreme Court decisions that overrule a prior Supreme Court decision|1997 in United States case law |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。