Cite as: 522 U. S. 3 (1997)
Syllabus
overruling Albrecht, the Court does not hold that all vertical maximum price fixing is per se lawful, but simply that it should be evaluated under the rule of reason, which can effectively identify those situations in which it amounts to anticompetitive conduct. The question whether respondents are entitled to recover damages in light of this Court's overruling of Albrecht should be reviewed by the Court of Appeals in the first instance. Pp. 20-22.
93 F. 3d 1358, vacated and remanded.
O'Connor, J., delivered the opinion for a unanimous Court.
John Baumgartner argued the cause for petitioner. With him on the briefs was Paul Kalinich.
Acting Assistant Attorney General Klein argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Acting Solicitor General Dellinger, Deputy Solicitor General Wallace, Deputy Assistant Attorney General Melamed, Edward C. DuMont, Catherine G. O'Sullivan, and David Seidman.
Anthony S. DiVincenzo argued the cause and filed a brief for respondents.
Pamela Jones Harbour, Deputy Attorney General of New York, argued the cause for the state parties as amici curiae urging affirmance. With her on the brief were Dennis C. Vacco, Attorney General of New York, Barbara Gott Billet, Solicitor General, and Stephen D. Houck, Robert L. Hubbard, Darrell M. Joseph, and John A. Ioannou, Assistant Attorneys General, Bruce M. Botelho, Attorney General of Alaska, and Daveed A. Schwartz, Assistant Attorney General, Grant Woods, Attorney General of Arizona, Winston Bryant, Attorney General of Arkansas, and J. Jordan Abbott, Assistant Attorney General, Richard Blumenthal, Attorney General of Connecticut, M. Jane Brady, Attorney General of Delaware, Robert A. Butterworth, Attorney General of Florida, and Patricia A. Conners, Assistant Attorney General, Calvin E. Halloway, Sr., Attorney General of Guam, Margery S. Bronster, Attorney General of Hawaii, Alan G. Lance, Attorney
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