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''Albrecht v. Herald Co.'', 380 U.S. 145 (1968), was a decision by the United States Supreme Court, which reaffirmed the law (as it then was) that fixing a maximum price was illegal ''per se''. This rule was reversed in 1997 by ''State Oil Co. v. Khan'', which held that maximum price-setting was not inherently anti-competitive and not always a violation of antitrust law, and should therefore be evaluated for legality under the rule of reason rather than a ''per se'' rule. ''Albrecht'' drew heavy criticism by economists who asserted that maximum price fixing actually increases consumer welfare, which they considered to be a primary goal of antitrust. == Background == Lester J. Albrecht, an independent newspaper carrier, bought from Herald Publishing Company at wholesale and sold at retail copies of Herald's morning newspaper, the ''St. Louis Globe-Democrat'', under an exclusive territory arrangement terminable if a carrier exceeded the maximum retail price advertised by Albrecht. When Albrecht exceeded that price, Herald Co. protested to him and then informed Albrecht's subscribers that it would itself deliver the paper at the lower price. Herald Co. engaged an agency (Milne) to solicit petitioner's customers. About 300 of Albrecht's 1200 subscribers switched to direct delivery by Herald. Herald Co. later turned these customers over, without cost, to another carrier (Kroner), who was aware of Herald's purpose and knew that he might have to return the route if Albrecht discontinued his pricing practice. Herald Co. told Albrecht that he could have his customers back if he adhered to the suggested price. Albrecht filed a treble-damage complaint which, as later amended, charged a combination in restraint of trade in violation of section 1 of the Sherman Antitrust Act, among Herald, Albrecht's customers, Milne, and Kroner. Albrecht's appointment as carrier was terminated and Herald required sale of his route. Albrecht made the sale at a price found to be lower than it would have been but for the conduct of Herald Co. The jury found for Herald Co. Albrecht moved for a judgment notwithstanding the verdict, asserting that, under ''United States v. Parke, Davis & Co.'',〔362 U. S. 29 (1960).〕 and like cases, the undisputed facts showed a combination to fix resale prices, which was ''per se'' illegal under § 1 of the Sherman Act. The district court denied the motion.〔390 U.S. at 148.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Albrecht v. Herald Co.」の詳細全文を読む スポンサード リンク
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