BRG, a bar preparation corporation in Georgia, was in direct and fierce competition with HBJ (“Bar/Bri”) until 1980, when they entered into a non-competition agreement leaving Georgia to BRG (with the ability to market HBJ’s material) and the rest of the US to HBJ. Immediately after the agreement, the price of BRG’s course jumped from $150 to over $400.
The Court stated that prior competition in a market or division of the market competed over is not necessary for market division to be per se unlawful.
- No lowered transaction costs
- No new product
- No potential efficiencies
- Clear harm to consumers
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