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· 1/11/1954

Theatre Enterprises, Inc. v. Paramount Film Distributing Corp.

Citations

  • 346 U.S. 537
  • 74 S. Ct. 257
  • 98 L. Ed. 2d 273
  • 1954 U.S. LEXIS 2752

How courts have described this case

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

  • finding that a past conspiracy among defendants did not establish a separate conspiracy between those same defendants where the past conspiracy involved different business practices and a different plaintiff, during a different time frame
  • circumstantial evidence of parallel behavior is not enough to demonstrate conspiracy for the purposes of the Sherman Act
  • \Circumstantial evidence of consciously parallel behavior may have made heavy inroads into the traditional judicial attitude toward conspiracy; but 'conscious parallelism' has not yet read conspiracy out of the act entirely.\
  • “Circumstantial evidence of consciously parallel behavior may have made heavy inroads into the traditional judicial attitude toward conspiracy; but ‘conscious parallelism’ has not yet read conspiracy out of the act entirely.”
  • “The crucial question is whether respondents’ conduct toward petitioner stemmed from independent decision or from an agreement, tacit or express.”
  • “this Court has never held that proof of parallel business 20 ||behavior conclusively establishes agreement” without more

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Douglas

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.