Cite as: 522 U. S. 3 (1997)
Opinion of the Court
and Kevin J. O'Connor, Assistant Attorney General, and William U. Hill, Attorney General of Wyoming.*
Justice O'Connor delivered the opinion of the Court.
Under § 1 of the Sherman Act, 26 Stat. 209, as amended, 15 U. S. C. § 1, "[e]very contract, combination . . . , or conspiracy, in restraint of trade" is illegal. In Albrecht v. Herald Co., 390 U. S. 145 (1968), this Court held that vertical maximum price fixing is a per se violation of that statute. In this case, we are asked to reconsider that decision in light of subsequent decisions of this Court. We conclude that Albrecht should be overruled.
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Respondents, Barkat U. Khan and his corporation, entered into an agreement with petitioner, State Oil Company, to lease and operate a gas station and convenience store owned
*Briefs of amici curiae urging reversal were filed for the American Automobile Manufacturers Association et al. by Stephen M. Shapiro, Roy T. Englert, Jr., Donald M. Falk, Phillip D. Brady, and Charles H. Lockwood II; for the American Petroleum Institute by Edwin M. Zimmerman, Robert A. Long, Jr., G. William Frick, Harry M. Ng, and Douglas W. Morris; for the Business Roundtable by Thomas B. Leary and Robert C. Weinbaum; and for the Newspaper Association of America et al. by William T. Lifland, Patricia Farren, David S. J. Brown, Rene P. Milam, Peter C. Gould, Andrew Merdek, William T. Garcia, Cristina L. Mendoza, and George Freeman.
Briefs of amici curiae were filed for the Association of the Bar of the City of New York by Richard M. Steuer; for the Coalition for Fair Consumer Pricing by Steven B. Feirman, Barry M. Heller, H. Bret Lowell, Philip F. Zeidman, and Stanley J. Adelman; for the Minnesota Service Station and Convenience Store Association et al. by Gary E. Persian and Paul E. Slater; for the National Association of Manufacturers by Mark L. Davidson, Jan S. Amundson, and Quentin Riegel; for the National Automobile Dealers Association by Paul R. Norman; for the National Beer Wholesalers Association, Inc., by Ernest Gellhorn, Donald I. Baker, and W. Todd Miller; and for the Service Station Dealers of America by Peter H. Gunst.
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