758
Syllabus
(c) Saying that the Ninth Circuit's conclusion required a more extended examination of the possible factual underpinnings than it received is not necessarily to call for the fullest market analysis. Not every case attacking a restraint not obviously anticompetitive is a candidate for plenary market examination. There is generally no categorical line between restraints giving rise to an intuitively obvious inference of anticompetitive effect and those that call for more detailed treatment. What is required is an enquiry meet for the case, looking to a restraint's circumstances, details, and logic. Here, a less quick look was required for the initial assessment of the CDA's advertising restrictions. Pp. 779-781.
128 F. 3d 720, vacated and remanded.
Souter, J., delivered the opinion for a unanimous Court with respect to Parts I and II, and the opinion of the Court with respect to Part III, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Stevens, Kennedy, and Ginsburg, JJ., joined, post, p. 781.
Peter M. Sfikas argued the cause for petitioner. With him on the briefs were Scott M. Mendel, Erik F. Dyhrkopp, and Edward M. Graham.
Deputy Solicitor General Wallace argued the cause for respondent. With him on the brief were Solicitor General Waxman, Assistant Attorney General Klein, Paul R. Q. Wolfson, Debra A. Valentine, John F. Daly, Joanne L. Levine, and Elizabeth R. Hilder.*
*Briefs of amici curiae urging reversal were filed for the American College for Advancement in Medicine by Elizabeth Toni Guarino, William C. MacLeod, and Robert A. Skitol; for the American Dental Association et al. by Jack R. Bierig and Virginia A. Seitz; for the American Society of Association Executives by Jerry A. Jacobs, Paul M. Smith, and Nory Miller; and for the National Collegiate Athletic Association by Roy T. Englert, Jr., Donald M. Falk, Gregory L. Curtner, Stephen M. Shapiro, Michael W. McConnell, Michele L. Odorizzi, and Elsa Kircher Cole.
A brief of amici curiae urging affirmance was filed for the State of Arizona et al. by James E. Ryan, Attorney General of Illinois, Don R. Sampen, Assistant Attorney General, Betty D. Montgomery, Attorney General of Ohio, and Thomas G. Lindgren, Assistant Attorney General, and by the Attorneys General for their respective jurisdictions as follows: Grant Woods of Arizona, Winston Bryant of Arkansas, Daniel E. Lungren
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