Ramsey v. National Ass'n of Music Merchants, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge BEA; Dissent by Judge PREGERSON.
OPINION
BEA, Circuit Judge:
Where a large musical-instrument retailer pressures individual guitar manufacturers to set the lowest prices at which the manufacturers will permit any retailer to advertise the manufacturers’ products— and each manufacturer acquiesces — can we infer the manufacturers conspired among themselves to fix prices?
Plaintiffs ask us to answer this question in the affirmative. They claim it is plausible to infer a price-fixing conspiracy based only on allegations that certain guitar manufacturers each adopted similar…
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