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National Society of Professional Engineers v. United States

United States Supreme Court

435 U.S. 679

Relevant factsFree

The Society's code of ethics barred members from discussing prices with potential clients before being selected for a job, effectively banning competitive bidding among engineers. The Society argued this protected the public from low-quality, corner-cutting work. The government sued under Sherman Act § 1, and lower courts enjoined the practice.

IssueFree

Whether a defendant may defend an otherwise-unreasonable trade restraint by arguing that competition itself is unreasonable in the relevant market.

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