Question
Pedro, Inc. (Pedro), Rico, Inc. (Rico), and Kip, Inc. (Kip), decided what the price of a particular product would be in a particular market. In
Pedro, Inc. (Pedro), Rico, Inc. (Rico), and Kip, Inc. (Kip), decided what
the price of a particular product would be in a particular market. In that
regard, those companies were not functioning as a trade association. Their
decision was made by the Chief Executive Officers of those companies while
they were attending a football game in Foxboro, Massachusetts. Their
agreement went into effect. Soon thereafter, however, all three said football
fans found themselves indicted for violating Section 1 of the Sherman Antitrust
Act. At their trials, each defendant establishes that the did not obtain, or even
seek, monopoly power. In what circumstance would they not be convicted?
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