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| + | Colgate doctrine is a conservative principle in antitrust law that allows a company to decide, on its own, with whom to do business. Any company may unilaterally terminate business with any other company without triggering a violation of the antitrust laws. |
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| | + | The Colgate doctrine is essential to the rights of businesses in a free market economy. This important doctrine was established by the U.S. Supreme Court decision in ''United States v. Colgate Co.'', 250 U.S. 300 (1919). |
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| | + | The Model Jury Instruction on this issue is as follows (ABA 2005): |
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| | + | A supplier may go beyond announcing its suggested resale prices. It may announce that it will stop dealing with any distributors that do not follow its suggestions. Announcing such a policy, and then terminating distributors that do not follow the suggested prices, does not by itself constitute a resale price-fixing agreement. This is so because simply announcing and enforcing such a policy does not constitute an agreement between the supplier and anyone else. |
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| | + | This is so even if distributors follow the suggested resale prices because they fear they will be terminated if they do not follow the suggestions. ... To establish [unlawful] resale price-fixing in such a situation, the plaintiff must show that the distributor reached an agreement on price with the supplier, rather than merely followed the supplier's suggestion. |