United States Eighth Circuit

In Sherman Act suit alleging a conspiracy to prevent plaintiff from attending trade shows or advertising its manufactured limousines, the district court did not err in submitting the issue to a jury. It did err, however, in applying a per se analysis; since defendants' actions were arguably based on concerns about product safety, they may have had a procompetitive effect and should have been evaluated under the rule of reason analysis.

Appellate Information

• Decided 03/15/2004
• Published 03/15/2004

Judges

• MELLOY, Circuit Judge., Before MELLOY, LAY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kirk A. Peterson, argued, Prairie Village, KS, for appellant Ford Motor., Warren E. Harris, argued, Springfield, MO, for appellant American Custom Coachworks.


• For Appellees:
  
• Keith A. Ward, argued, Tulsa, OK, for appellee.