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Question
Overbearing, Inc., which manufactures ball bearings, has built up a network of wholesale dealers. Under agreements between Overbearing and various dealers, each dealer has an established geographical territory of operation. These agreements also call for the individual dealers not to compete in another Overbearing dealer's exclusive territory. An appropriate plaintiff has sued Overbearing on the theory that these agreements violate Section 1 of the Sherman Act. What treatment will the court give the agreements? Why? Under that treatment, is it possible for Overbearing to avoid liability even if the existence of the agreements is established by the plaintiff? If so, how?
Answer
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