Legal Opinion

Kleen Prods. LLC v. Georgia-Pacific LLC

Court of Appeals for the Seventh Circuit

Decided December 7, 2018No. 17-2808PublishedCited by 17 opinions

1Opinion of the Court

Wood, Chief Judge.

*931Oligopolies have always posed problems for conventional antitrust law: without something that can be called an agreement, they elude scrutiny under section 1 of the Sherman Act, 15 U.S.C. § 1, and yet no individual firm has enough market power to be subject to Sherman Act section 2, 15 U.S.C. § 2. Tacit collusion is easy in those markets, see In re Text Messaging Antitrust Litigation , 782 F.3d 867 (7th Cir. 2015), and firms have little incentive to compete on the basis of price, "preferring to share the profits [rather] than to fight with each other." Joe Sanfelippo Cabs,…

2Cases cited31 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Copperweld Corp. v. Independence Tube Corp.Supreme Court of the United States · 1984
  4. Monsanto Co. v. Spray-Rite Service Corp.Supreme Court of the United States · 1984
  5. Brooke Group Ltd. v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 1993

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3Cited by17 opinions

  1. Alarm Detection Sys., Inc. v. Vill. of Schaumburg, Corp.Court of Appeals for the Seventh Circuit · 2019
  2. Always Towing & Recovery Inc. v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 2021
  3. Kress Stores of Puerto Rico, Inc. v. Wal-Mart Puerto Rico, Inc.Court of Appeals for the First Circuit · 2024
  4. United States v. Alexander Sittenfeld aka P.G. SittenfeldCourt of Appeals for the Sixth Circuit · 2025
  5. Tichy v. Hyatt Hotels Corp.District Court, E.D. Illinois · 2019

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

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