United States v. Cooperative Theatres of Ohio, Inc. And David Beaupain

Defendants were found guilty after a jury trial of engaging in illegal trade practices in violation of section 1 of the Sherman Act, 15 U.S.C. § 1. The defendants were charged with entering into a conspiracy in restraint of trade whereby each of the two competing corporations agreed to refrain from competing for customers who were currently being serviced by the other rival corporation. Under the terms of the alleged agreement, the companies remained free to compete for new customers. The district court ruled that the alleged conduct constituted a per se violation of section 1 of the Sherman…