State Oil Co. v. Khan

State Oil Co. v. Khan
Supreme Court of the United States
Argued October 7, 1997 Decided November 4, 1997
Full case name	State Oil Company v. Barkat U. Khan
Citations	522 U.S. 3 (more) 118 S. Ct. 275; 139 L. Ed. 2d 199; 1997 U.S. LEXIS 6705
Case history
Prior	Summary judgment granted in favor of defendant, Khan v. State Oil Co., 907 F. Supp. 1202 (N.D. Ill. 1995); affirmed in part, reversed in part, 93 F.3d 1358 (7th Cir. 1996); cert. granted, 519 U.S. 1107 (1997).
Holding
Vertical maximum price fixing should be evaluated under the rule of reason, which can effectively identify those situations in which it amounts to anticompetitive conduct.
Court membership
Chief Justice William Rehnquist Associate Justices John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer
Case opinion
Majority	O'Connor, joined by unanimous
Laws applied
Sherman Antitrust Act, 15 U.S.C. § 1 Clayton Antitrust Act, 15 U.S.C. § 15
This case overturned a previous ruling or rulings
Albrecht v. Herald Co. (1968)

State Oil Co. v. Khan, 522 U.S. 3 (1997), was a decision by the United States Supreme Court,^[1] which held that vertical maximum price fixing was not inherently unlawful, thereby overruling a previous Supreme Court decision, Albrecht v. Herald Co., 390 U.S. 145 (1968).^[2] However, the Court concluded that "[i]n overruling Albrecht, the Court does not hold that all vertical maximum price fixing is per se lawful, but simply that it should be evaluated under the rule of reason, which can effectively identify those situations in which it amounts to anticompetitive conduct."