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ARTICLE · 14 JULY 2005

Supreme Court Docket Report - October Term - No. 14

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Recently the Supreme Court granted certiorari in two cases of interest to the business community. Barring extensions, amicus briefs in support of the petitioners will be due on August 11, 2005, and amicus briefs in support of the respondents will be due on September 15, 2005.

United StatesLitigation, Mediation & Arbitration
David Gossett
David Gossett
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Originally published June 27, 2005

Recently the Supreme Court granted certiorari in two cases of interest to the business community. Barring extensions, amicus briefs in support of the petitioners will be due on August 11, 2005, and amicus briefs in support of the respondents will be due on September 15, 2005.

1. Antitrust — Sherman Act — Joint Venture Pricing Decisions.

Section 1 of the Sherman Act, 15 U.S.C. § 1, prohibits "[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce." The Supreme Court granted certiorari in two consolidated cases — Texaco v. Dagher, No. 04-805, and Shell Oil v. Dagher, No. 04- 814 — to decide whether an agreement by the owners of a bona fide joint venture as to the price that will be charged for the joint venture’s products may be treated as a per se violation of Section 1 of the Sherman Act.

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