Friday, November 16, 2012

Texaco v. Dagher case brief

Texaco v. Dagher case brief summary
547 U.S. 1 (2006)

-Texaco and Shell together created a joint venture, Equilon.
-Equilon was created to refine and sell gas under original brand names.
-Equilon also set the prices for gasoline.
-The trial court used ancillary restraints doctrine:

-Is non-venture restriction a naked restraint on trade? Yes, as such it is invalid.
-Is restrict ancillary to the legitimate & competitive purposes of the business association?  Yes, it is valid.

-was the price fixing per se illegal under § 1?

-Yes.  When persons who would otherwise compete with each other pool capital and share risks of loss, such joint ventures are regarded as a single firm competing with other sellers in the market.  

-Price-fixing agreements between two or more competitors, otherwise known as horizontal price-fixing agreements, fall into the category of arrangements that are per se unlawful.

-Joint venture sold the gasoline, T & S were not competing, but sharing in profits as investors of the venture, so not per se illegal
-Joint venture has discretion just as any other firm to determine the prices of its product
-Do not apply ancillary restraint doctrine.

Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...