Nynex Corp. v. Discon, Inc.

Summary

Justice Breyer delivered the unanimous opinion of the Court, holding that the Sherman Act's per se group-boycott rule does not apply to a single buyer's vertical agreement to favor one supplier over another, even when the purchasing decision lacks a legitimate business justification and forms part of a regulatory fraud. Discon must allege and prove injury to competition, not merely injury to itself. The Court also directed reconsideration of the conspiracy-to-monopolize claim because it rested on the same purchasing practices. It declined to decide whether the complaint otherwise adequately alleged competitive harm because that question fell outside the questions presented. The Court vacated the Court of Appeals' judgment and remanded. There were no separate opinions.