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10th Cir 2d Cir 87-2 Trade Cas 9th Cir action advertising aff'd agreement alleged allowed analysis anticompetitive Antitrust L.J. antitrust laws cert claim competing competitive injury competitors complaints conduct conspiracy consumers contract Corp cost court found court noted court ruled customers damages dealer defendant defendant's denied discount distribution system distributor economic efficiency enforcement evidence franchise horizontal illegal impact Industries interbrand intrabrand competition jury justification litigation lower prices manufac manufacturer manufacturer's market power market share Monsanto Motor non-price percent plaintiff practice predatory price competition price discrimination price fixing prohibited promotional purchase refusal to deal relevant market resale price maintenance restrictions retail Robinson-Patman Act rule of reason Schwinn sections 2(d sell seller Sherman Act straints summary judgment Supp supra note Supreme Court Sylvania termination territorial restraints tion United vertical restraints violation wholesale