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Case Brief

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Malt liquor manufacturers, distributors and retailers sued state, alleging that statute regulating pricing violated Sherman Act. Parties moved for summary judgment. The District Court, Caputo, J., held that: (1) state action exemption from antitrust liability did not apply; (2) complainants adequately alleged antitrust injury; (3) statute regulating price changes made within 120 days of effectiveness of price was per se violation of Sherman Act prohibition on contracts, combinations and conspiracies in restraint of trade; and (4) provision requiring distributors granting price discount to retailer within geographic area to offer same discount to all distributors violated Sherman Act. Summar judgement for manufacturers and distributors.


United States District Court, M.D. Pennsylvania


Hon. A. Richard Caputo


Roslyn M. Litman, Litman, Litman, Harris, Brown & Watzman, P.C., Pittsburgh, PA, Martha S. Helmreich, Pittsburgh, PA, W. Thomas McGough, Jr., Reed Smith Shaw & McClay, Pittsburgh, PA, Robert B. Hoffman, Reed, Smith, Shaw & McClay, Harrisburg, PA, Pamela Ewing, Pittsburgh, PA, for plaintiffs. Joel M. Ressler, Harrisburg, PA, Susan J. Forney, Office of Attorney General, Harrisburg, PA, for defendants.

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