Friday, January 17, 2014

E & L Consulting, Ltd. v. Doman Industries Ltd. case brief summary

E & L Consulting, Ltd. v. Doman Industries Ltd. case brief summary

E & L alleged that Doman had violated Sherman § 1 by dropping its distributor arrangement for green hem-fir lumber and giving Sherwood an exclusive distributorship arrangement.

The Court held that exclusive dealership agreements are presumptively legal and that E & L had failed to allege a violation.

  • A vertically structured monopoly can take only one monopoly product, thus allegations of a price increase do not allege harm to competition, because Doman could achieve monopolistic price increases without the aid of a distributor.

  • In the wake of GTE Sylvania, the court does not really worry about intrabrand competition; if it does not harm interbrand competition, it is not a cognizable complaint under the Sherman Act.
  • There was only a single monopolistic seller and the exclusive distributor arrangement did create or engender any new monopolies.

Suggested law school study materials

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

11 Benefits of Studying Criminal Justice

Image Source Have you ever considered a career where each day offers a new challenge and the chance to make a real difference? Studying cr...