Legal Opinion

Cernuto, Inc. v. United Cabinet Corp.

Court of Appeals for the Third Circuit

Decided March 16, 1979No. 78-1872PublishedCited by 136 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge.

We are confronted in this appeal with the termination, by a manufacturer of kitchen cabinets, of one of its customers, a discount house, at the urging of another customer, a retailer, allegedly because of price considerations. Although the manufacturer’s action was destructive to competition between the two customers, under the circumstances present here the plaintiff may recover only if the challenged conduct is termed a per se violation of the Sherman Act, because under a “rule of reason” analysis the necessary anti-competitive effects as to a…

2Cases cited21 opinions

  1. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
  2. United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
  3. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  4. Continental T. v. Inc. v. GTE Sylvania Inc.Supreme Court of the United States · 1977
  5. United States v. Colgate & Co.Supreme Court of the United States · 1919

16 more not listed; retrieve them via the Exa API.

3Cited by136 opinions

  1. Business Electronics Corp. v. Sharp Electronics Corp.Supreme Court of the United States · 1988
  2. Edward J. Sweeney & Sons, Inc., and Mission Gas Oil Company, Inc. And Petroleum Products Co. v. Texaco, IncCourt of Appeals for the Third Circuit · 1980
  3. Spray-Rite Service Corporation, an Iowa Corporation v. Monsanto Company, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1982
  4. Discon, Incorporated v. Nynex Corporation, Nynex Material Enterprises, New York Telephone Company, Robert J. Eckenrode, and Bernard O'ReillyCourt of Appeals for the Second Circuit · 1996
  5. Natural Design, Inc. v. Rouse Co.Court of Appeals of Maryland · 1984

131 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API