
Northwest
was a trade association consisting of about 100 retailers in the Pacific
Northwest. Essentially, they made up a trade cooperative. Pacific was a
retailer and wholesaler of office supplies. Nonmembers of Northwest could
buy supplies at the same price as members, but members received rebates at
the end of the year. Members of Northwest voted to expel Pacific from the
group.
At the
district Court level, the Court refused to apply the per se rule and held
that the rule of reason should prevail. The Court of Appeals reversed,
stating that the boycott was a per se violation, because of the obvious
harsh anticompetitive effects that the expulsion would have. The Court of
Appeals was also of the opinion that portions of the Sherman Act had been
impliedly repealed by the Robinson-Patman act, which allowed such price
differentiation. The Court of Appeals also focused on the per se violation
as to the lack of due process afforded Pacific when expelled from
Northwest.
The United
States Supreme Court reversed the Court of Appeals. Firstly, there was
nothing contained in the Sherman Act about due process requirements. Even
if Northwest’s decision to expel Pacific did amount to a per se
violation, the Supreme Court said, no amount of due process would save the
action. Secondly, the idea of the group boycott instituted by Northwest
did not always merit the per se analysis.
The Supreme
Court stated that "not every cooperative activity involving a
restraint or exclusion will [have] the likelihood of predominantly
anticompetitive consequences." Id. More specifically, the
Court was of the opinion that a purchasing cooperative such as Northwest
was not necessarily a concerted activity bound to result in
anticompetitive effects. Therefore, the Court looked to the expulsion
itself to see if there was a per se violation. The answer again was in the
negative, but the Court also noted that there was insufficient evidence.
It was necessary, the Court held, to show market power or exclusive access
in order to fuel a finding of anticompetitive effect. Therefore, the
conclusion usually derived from an expulsion (anticompetitiveness) is not
always appropriate. The Supreme Court remanded to the Court of Appeals for
evaluation of the district court’s rule of reason analysis.
Summary
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