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