Kleen Prods. LLC v. Georgia-Pacific LLC
Court of Appeals for the Seventh Circuit
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
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Copperweld Corp. v. Independence Tube Corp.Supreme Court of the United States · 1984
- Monsanto Co. v. Spray-Rite Service Corp.Supreme Court of the United States · 1984
- Brooke Group Ltd. v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 1993
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- Tichy v. Hyatt Hotels Corp.District Court, E.D. Illinois · 2019
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