Havoco of America, Ltd. v. Shell Oil Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “a co-conspirator who joins a conspiracy with knowledge of what has gone on before and with an intent to pursue the same objectives may, in the anti-trust context, be charged with the preceding acts of its co-conspirators”
• rejecting a claim of unfair competition as an antitrust offense and stating that “only where a defendant with substantial market power uses the unfair means to increase its share of the market by eliminating a competitor” is there an antitrust problem
• rejecting a claim of unfair competition as an antitrust offense and stating that \only where a defendant with substantial market power uses the unfair means to increase its share of the market by eliminating a competitor\ is there an antitrust problem
• unfair competitive practices do not automatically violate federal antitrust law; conduct may be actionable only if effect is to restrain free competition unreasonably
• plaintiff’s “naked statement” that defendants conspired to establish one supplier as “dominant marketer” of goods, without supporting factual allegations, did not survive 12(b)(6) motion to dismiss
• “[A] co-conspirator who joins a conspiracy with knowledge of what has gone on before and with an intent to pursue the same objectives may, in the antitrust context, be charged with the preceding acts of its co-conspirators.”

Source: CourtListener parenthetical corpus (CC0).