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United States v. Container Corp. of America

United States Supreme Court

393 U.S. 333 (1969)

Relevant factsFree

Container Corporation of America (defendant) and 17 other manufacturers, together controlling about 90% of the corrugated container market, routinely shared their most recent price quotes with each other upon request, without any formal agreement but with the mutual understanding that requests would be reciprocated. The United States (plaintiff) sued, alleging this practice was unlawful concerted action restraining trade under Section 1 of the Sherman Act; the district court dismissed the complaint, and the government appealed.

IssueFree

Whether an informal, reciprocal practice of exchanging specific price information among competitors violates the Sherman Act when it chills price competition in a concentrated market.

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