[19980305]98-218_垂直最高限价：国家石油诉可汗.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-218 AMarch 5, 1998Vertical Maximum Price Fixing: State Oil v. KhanMichael V. SeitzingerLegislative AttorneyAmerican Law Division.SummaryRespondent Khan and his corporation entered into an agreement with petitionerState Oil to lease and operate a gas station owned by State Oil. Respondents agreed toobtain the stations gasoline supply from State Oil at a price equal to a suggested retailprice set by State Oil. The Supreme Court granted certiorari to consider whether StateOils conduct constituted a per se violation of the Sherman Act.The Court held that State Oils conduct did not constitute a per se violation of theSherman Act, thereby overruling an earlier Supreme Court case, Albrecht v. Herald Co.The Court stated that, in overruling Albrecht, it was not holding that all verticalmaximum price fixing is per se lawful. Instead, vertical maximum price fixing shouldbe evaluated under the rule of reason.DiscussionRespondent Khan and his corporation entered into an agreement with petitioner StateOil to lease and operate a gas station owned by State Oil. Respondents agreed to obtainth