Amendment101st Congress
Amendment in the nature of a substitute sought to codify into statute a Supreme Court ruling of 1911 which made vertical price fixing illegal under the Sherman Antitrust Act; it would not have reversed two recent antitrust decisions as provided in the bill.
- Amendment Number
- 415
- Description
- Amendment in the nature of a substitute sought to codify into statute a Supreme Court ruling of 1911 which made vertical price fixing illegal under the Sherman Antitrust Act; it would not have reversed two recent antitrust decisions as provided in the bill.
- Purpose
- An amendment to eliminate the provisions of the bill which change the evidentiary standards necessary to obtain a jury trial in price fixing cases. Under the bill, sufficient evidence for a jury trial exists if a plaintiff can demonstrate that a communication concerning price competition was received by a supplier from a retailer and that in response to the communication, the supplier terminated a supply contract with a rival retailer. The amendment would also eliminate the language of the bill making price restraints automatically illegal regardless of whether or not a specific minimum price has been set and would let stand recentSupreme Court decisions holding that in order to obtain a jury trial, a plaintiff must provide direct or circumstantial evidence that a supplier and retailer consciously intended to maintain resale price levels and that a specific minimum price agreement must be established for a per se violation of price fixing laws to exist.
- Congress
- 101
- Type
- HAMDT
- Latest Action Date
- Apr 18, 1990
- Latest Action Text
- On agreeing to the Douglas amendment (A001) Failed by recorded vote: 155 - 242 (Roll no. 71).
- Latest Action Time
- 16:23:41
- Submitted Date
- Apr 18, 1990
- Chamber
- House of Representatives
- Update Date
- Jul 1, 2021