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NYNEX Corp. v. Discon, Inc.

United States Supreme Court

525 U.S. 128 (1998)

Relevant factsFree

Nynex subsidiary Materiel switched local phone equipment-removal business from Discon to AT&T Technologies, allegedly as part of a fraudulent kickback scheme, and Discon sued claiming this constituted an anticompetitive group boycott; the court of appeals applied Klor's per se rule based on the absence of any pro-competitive justification for the switch.

IssueFree

Whether a defendant's decision to purchase from one supplier instead of another without any pro-competitive justification is a per se antitrust violation.

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