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Palmer v. Brg of Georgia, Inc., 498 U.S. 46 (1990)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Palmer v. Brg of Georgia, Inc., 498 U.S. 46 (1990)
Palmer v. BRG of Georgia, Inc. No. 89-1667 Decided Nov. 26, 1990 498 U.S. 46
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED
STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
Respondents, BRG of Georgia, Inc. (BRG), and Harcourt Brace Jovanovich Legal and Professional Publications (HBJ), entered into an agreement under which BRG was given an exclusive license to market HBJ’s tradename; HBJ agreed not to compete with BRG in Georgia, and BRG agreed not to compete with HBJ outside the State; and HBJ was entitled to receive $100 per student enrolled by BRG and 40% of revenues over $350. Immediately after the parties entered into the agreement, the price for BRG’s course increased from $150 to $400. Petitioners, who contracted to take BRG’s course, filed suit, contending that BRG;s price was enhanced by reason of the agreement in violation of § 1 of the Sherman Act. The District Court held that the agreement was lawful, and the Court of Appeals affirmed.
Held: The agreement between HBJ and BRG was unlawful on its face. The agreement’s revenue-sharing formula, coupled with the immediate price increase, indicate that the agreement was "formed for the purposes and with the effect of raising" the bar review course’s prices in violation of the Sherman Act. See United States v. Socony-Vacuum Oil Co., 310 U.S. 150, 223. Agreements between competitors to allocate territories to minimize competition are illegal, United States v. Topco Associates, Inc., 405 U.S. 596, regardless of whether the parties split a market within which they both do business or merely reserve one market for one and another for the other.
Certiorari granted; 874 F.2d 1417 and 893 F.2d 293, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Palmer v. Brg of Georgia, Inc., 498 U.S. 46 (1990) in 498 U.S. 46 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=XG19IK4X9R18P4K.
MLA: U.S. Supreme Court. "Syllabus." Palmer v. Brg of Georgia, Inc., 498 U.S. 46 (1990), in 498 U.S. 46, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XG19IK4X9R18P4K.
Harvard: U.S. Supreme Court, 'Syllabus' in Palmer v. Brg of Georgia, Inc., 498 U.S. 46 (1990). cited in 1990, 498 U.S. 46. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=XG19IK4X9R18P4K.
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