Law Antitrust - Instructor: Dwight Drake National Society of Prof. Engineers v. U.S. (1978) Base Facts: National Association of Engineers precluded members from discussing or negotiating fees before securing client. Rationale was that fee considerations would compromise quality and safety, contrary to best interests of the public. What similarities with Chicago Board of Trade and Appalachian Coal? Could this rule be pro-competitive? Are price wars among professionals good for the public? Are they professional? What was issue for court?

Law Antitrust - Instructor: Dwight Drake Broadcast Music Inc. v. Columbia Broadcasting (1979) Base Facts: ASCAP and BMI secured nonexclusive licenses from composers and artists and then master licensed to users. CBS claimed master licenses controlled and fixed prices and were per se illegal. Ct of Appeals held per se illegal. What was underlying purpose of master license? What impact on market? Who gets hurt by this restraint? What was issue for court?

Law Antitrust - Instructor: Dwight Drake Catalano, Inc. v. Target Sales, Inc. (1980) Base Facts: Beer sellers agreed to eliminate all credit terms for distributors in market. Forced pre-pay or COD. District Ct held no per se violation. Ninth Cir. agreed, finding that all cash may promote competition by eliminating a barrier to entry (credit terms) What was purpose of eliminating credit terms? Did restrain limit competitors in any way? Who was hurt by this restrain? What if restrain standardized only a cost component, such as freight?

Law Antitrust - Instructor: Dwight Drake Arizona v. Maricopa County Medical Society (1982) Base Facts: Agreement among competing physicians to set the maximum fees that may be claimed for services rendered to patients covered by certain insurance plans. Services accounted for 70% of services in market. What if someone other than doctors set fees? Who was hurt by this arrangement? Is maximum price restraint different than minimum price restraint?

Law Antitrust - Instructor: Dwight Drake NCAA v. University of Oklahoma (1984) Base Facts: NCAA prevented member schools from having more than 6 TV games (4 National TV) every two years through contracts with television networks. Purpose of rule is to promote live audience attendance. U. of Oklahoma and Georgia challenged limits. What was purpose of rule? Who was hurt by the rule? Should presence of regulatory association make a difference? How does this compare with Chicago Trade and Appalacian Coal?

Law Antitrust - Instructor: Dwight Drake FTC v. Superior Ct. Trial Lawyers Assoc. (1990) Base Facts: Boycott by D.C. trial lawyers who demanded higher fees before taking court appointed assignments. Rates were raised and FTC sued for violation of FTC act. Appellate Ct. remanded on grounds that it was “expressive boycott” and FTC should have inquired into market power and First Amendment freedoms. What is “expressive” boycott? Did lawyers have market power? What if select individual lawyers refused assignments until fees raised? When are there too many?