Does the Sherman Act, as interpreted by the US Supreme Court, apply to force a company to reduce prices in order to compete with its larger, less efficient competitor?
MultiRegion, United States of America
The following excerpt is from Janich Bros., Inc. v. American Distilling Co., 570 F.2d 848 (9th Cir. 1977):
7 As we have stated on another occasion, "(t)he antitrust laws were not intended, and may not be used to require businesses to price their products at unreasonably high prices (which penalize the consumer) so that less efficient competitors can stay in business. The Sherman Act is not a subsidy for inefficiency." Hanson v. Shell Oil Co., 541 F.2d 1352, 1358-59 (9th Cir. 1976), cert. denied, 429 U.S. 1074, 97 S.Ct. 813, 50 L.Ed.2d 792 (1977).
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