Catalano, Inc. v. Target Sales, Inc. - 446 U.S. 643 (1980)

U.S. Supreme Court

Catalano, Inc. v. Target Sales, Inc., 446 U.S. 643 (1980)

Catalano, Inc. v. Target Sales, Inc.

No. 79-1101

Decided May 27, 1980

446 U.S. 643

ON PETITION FOB WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE NINTH CIRCUIT

Held: An alleged agreement among respondent wholesalers to eliminate short-term trade credit formerly granted to beer retailers and to require the retailers to make payment in cash, either in advance or upon delivery, is plainly anticompetitive as being tantamount to an agreement to eliminate discounts, and thus falls squarely within the traditional antitrust rule of per se illegality of price fixing, without further examination under the rule of reason.

Certiorari granted; 605 F.2d 1097, reversed and remanded.

PER CURIAM.