allied
tube
conduit
indian
head
argued
february
decided
june
national
fire
protection
association
private
organization
includes
members
representing
industry
labor
academia
insurers
organized
medicine
firefighters
government
sets
publishes
product
standards
codes
related
fire
protection
national
electrical
code
code
establishes
requirements
design
installation
electrical
wiring
systems
routinely
adopted
law
substantial
number
state
local
governments
widely
adopted
setting
acceptable
standards
private
laboratories
insurance
underwriters
electrical
inspectors
contractors
distributors
throughout
relevant
period
code
permitted
use
electrical
conduit
made
steel
respondent
manufacturer
plastic
conduit
initiated
proposal
association
extend
code
approval
plastic
conduit
well
proposal
approved
one
association
professional
panels
thus
adopted
code
simple
majority
members
attending
association
annual
meeting
meeting
held
petitioner
nation
largest
producer
steel
conduit
members
steel
industry
steel
conduit
manufacturers
independent
sales
agents
collectively
agreed
exclude
respondent
product
code
packing
annual
meeting
new
association
members
whose
function
vote
respondent
proposal
proposal
defeated
meeting
appeal
association
board
directors
denied
respondent
brought
suit
federal
district
alleging
petitioner
others
unreasonably
restrained
trade
electrical
conduit
market
violation
sherman
act
jury
found
petitioner
liable
granted
judgment
petitioner
reasoning
entitled
antitrust
immunity
doctrine
eastern
railroad
presidents
conference
noerr
motor
freight
appeals
reversed
held
noerr
antitrust
immunity
apply
petitioner
pp
scope
noerr
protection
depends
source
context
nature
anticompetitive
restraint
issue
restraint
result
valid
governmental
action
opposed
private
action
urging
governmental
action
enjoy
absolute
immunity
antitrust
liability
anticompetitive
restraint
case
relevant
context
process
private
association
without
official
authority
includes
members
horizontal
vertical
business
relations
economic
incentives
restrain
competition
association
treated
body
simply
legislatures
routinely
adopt
code
thus
petitioner
enjoy
immunity
afforded
merely
urge
government
restrain
trade
pp
noerr
immunity
apply
petitioner
theory
exclusion
plastic
conduit
code
effect
exclusion
force
marketplace
incidental
valid
effort
influence
governmental
action
although
large
number
governments
routinely
adopt
code
law
efforts
influence
association
process
arguably
effective
means
influencing
legislation
regulating
electrical
conduit
although
noerr
immunity
limited
direct
petitioning
government
officials
noerr
doctrine
immunize
every
concerted
activity
genuinely
intended
influence
governmental
action
merit
argument
regardless
association
nonlegislative
status
petitioner
efforts
influence
association
must
given
wide
berth
accorded
legislative
lobbying
efforts
influence
legislative
action
political
arena
pp
unlike
publicity
campaign
influence
legislation
noerr
petitioner
activity
take
place
open
political
arena
partisanship
hallmark
decisionmaking
took
place
within
confines
private
process
validity
petitioner
efforts
influence
code
established
without
petitioner
literal
compliance
association
rules
hope
code
procompetitive
benefits
depends
upon
existence
safeguards
sufficient
prevent
process
biased
members
economic
interests
restraining
competition
association
validate
anticompetitive
activities
members
simply
adopting
rules
fail
provide
safeguards
least
economically
interested
party
exercises
decisionmaking
authority
formulating
product
standard
private
association
comprises
market
participants
party
enjoys
noerr
immunity
antitrust
liability
flowing
effect
standard
force
marketplace
pp
brennan
delivered
opinion
rehnquist
marshall
blackmun
stevens
scalia
kennedy
joined
white
filed
dissenting
opinion
joined
post
marvin
frankel
argued
cause
petitioner
briefs
robert
heller
arthur
kramer
debora
grobman
fredric
yerman
argued
cause
respondent
brief
michael
malina
randolph
sherman
richard
de
sevo
briefs
amici
curiae
urging
reversal
filed
state
illinois
neil
hartigan
attorney
general
robert
davy
assistant
attorney
general
western
fire
chiefs
association
et
al
william
meeske
alexander
thomson
briefs
amici
curiae
urging
affirmance
filed
et
al
solicitor
general
fried
assistant
attorney
general
rule
deputy
solicitor
general
cohen
deputy
assistant
attorney
general
starling
paul
larkin
robert
nicholson
john
powers
iii
marion
jetton
robert
paul
ernest
isenstadt
state
alaska
et
al
robert
abrams
attorney
general
new
york
peter
sherwood
solicitor
general
lloyd
constantine
susan
beth
farmer
elizabeth
george
sampson
assistant
attorneys
general
grace
berg
schaible
attorney
general
alaska
richard
monkmon
assistant
attorney
general
robert
corbin
attorney
general
arizona
john
steven
clark
attorney
general
arkansas
jeffrey
bell
deputy
attorney
general
john
van
de
kamp
attorney
general
california
andrea
ordin
chief
assistant
attorney
general
thomas
dove
deputy
attorney
general
duane
woodard
attorney
general
colorado
thomas
mcmahon
first
assistant
attorney
general
joseph
lieberman
attorney
general
connecticut
robert
langer
assistant
attorney
general
warren
price
iii
attorney
general
hawaii
robert
marks
supervising
deputy
attorney
general
thomas
miller
attorney
general
iowa
john
perkins
deputy
attorney
general
james
tierney
attorney
general
maine
stephen
wessler
assistant
attorney
general
joseph
curran
attorney
general
maryland
michael
brockmeyer
assistant
attorney
general
frank
kelley
attorney
general
michigan
louis
caruso
solicitor
general
robert
ard
assistant
attorney
general
hubert
humphrey
iii
attorney
general
minnesota
cary
edwards
attorney
general
new
jersey
laurel
price
deputy
attorney
general
lacy
thornburg
attorney
general
north
carolina
richard
carlton
assistant
attorney
general
anthony
celebrezze
attorney
general
ohio
dave
frohnmayer
attorney
general
oregon
leroy
zimmerman
attorney
general
pennsylvania
eugene
wayne
chief
deputy
attorney
general
james
attorney
general
rhode
island
roger
tellinghuisen
attorney
general
south
dakota
jim
mattox
attorney
general
texas
mary
keller
executive
assistant
attorney
general
john
white
assistant
attorney
general
david
wilkinson
attorney
general
utah
kenneth
eikenberry
attorney
general
washington
john
ellis
deputy
attorney
general
tina
kondo
assistant
attorney
general
charles
brown
attorney
general
west
virginia
mark
kindt
deputy
attorney
general
donald
hanaway
attorney
general
wisconsin
kevin
assistant
attorney
general
justice
brennan
delivered
opinion
petitioner
contends
efforts
affect
product
process
private
association
immune
antitrust
liability
noerr
doctrine
primarily
association
standards
widely
adopted
law
state
local
governments
eastern
railroad
presidents
conference
noerr
motor
freight
noerr
appeals
second
circuit
held
noerr
immunity
apply
affirm
national
fire
protection
association
association
private
voluntary
organization
individual
group
members
representing
industry
labor
academia
insurers
organized
medicine
firefighters
government
association
among
things
publishes
product
standards
codes
related
fire
protection
process
known
consensus
standard
making
one
codes
publishes
national
electrical
code
code
establishes
product
performance
requirements
design
installation
electrical
wiring
systems
revised
every
three
years
code
influential
electrical
code
nation
substantial
number
state
local
governments
routinely
adopt
code
law
little
change
private
certification
laboratories
underwriters
laboratories
normally
list
label
electrical
product
meet
code
standards
many
underwriters
refuse
insure
structures
built
conformity
code
many
electrical
inspectors
contractors
distributors
use
product
falls
outside
code
among
electrical
products
covered
code
electrical
conduit
hollow
tubing
used
raceway
carry
electrical
wires
walls
floors
buildings
throughout
relevant
period
code
permitted
using
electrical
conduit
made
steel
almost
conduit
sold
fact
steel
conduit
starting
respondent
began
offer
plastic
conduit
made
polyvinyl
chloride
respondent
claims
plastic
conduit
offers
significant
competitive
advantages
steel
conduit
including
pliability
lower
installed
cost
lower
susceptibility
short
circuiting
however
also
scientific
basis
concern
fires
buildings
polyvinyl
chloride
conduit
might
burn
emit
toxic
fumes
respondent
initiated
proposal
include
polyvinyl
chloride
conduit
approved
type
electrical
conduit
edition
code
following
approval
one
association
professional
panels
proposal
scheduled
consideration
annual
meeting
adopted
rejected
simple
majority
members
present
alarmed
approved
respondent
product
might
pose
competitive
threat
steel
conduit
petitioner
nation
largest
producer
steel
conduit
met
plan
strategy
among
others
members
steel
industry
steel
conduit
manufacturers
independent
sales
agents
collectively
agreed
exclude
respondent
product
code
packing
upcoming
annual
meeting
new
association
members
whose
function
vote
polyvinyl
chloride
proposal
combined
steel
interests
recruited
persons
join
association
attend
annual
meeting
vote
proposal
petitioner
alone
recruited
persons
including
employees
executives
sales
agents
agents
employees
employees
two
divisions
sell
electrical
products
wife
national
sales
director
petitioner
steel
interests
also
paid
membership
registration
attendance
expenses
voters
annual
meeting
steel
group
voters
instructed
sit
vote
group
leaders
used
hand
signals
facilitate
communication
steel
group
voters
technical
documentation
necessary
follow
meeting
none
spoke
meeting
give
reasons
opposing
proposal
approve
polyvinyl
chloride
conduit
nonetheless
solid
vote
opposition
proposal
rejected
returned
committee
vote
respondent
appealed
membership
vote
association
board
directors
board
denied
appeal
ground
although
association
rules
circumvented
violated
october
respondent
brought
suit
federal
district
alleging
petitioner
others
unreasonably
restrained
trade
electrical
conduit
market
violation
sherman
act
stat
bifurcated
jury
trial
began
march
petitioner
conceded
conspired
steel
interests
exclude
respondent
product
code
pecuniary
interest
jury
instructed
rule
reason
respondent
carried
burden
showing
anticompetitive
effects
petitioner
actions
outweighed
procompetitive
benefits
standard
setting
found
petitioner
liable
answers
special
interrogatories
jury
found
petitioner
violate
rules
association
acted
least
part
based
genuine
belief
plastic
conduit
unsafe
petitioner
nonetheless
subvert
consensus
standardmaking
process
association
app
jury
also
made
special
findings
petitioner
actions
adverse
impact
competition
least
restrictive
means
expressing
petitioner
opposition
use
polyvinyl
chloride
conduit
marketplace
unreasonably
restrained
trade
violation
antitrust
laws
jury
awarded
respondent
damages
trebled
million
lost
profits
resulting
effect
excluding
polyvinyl
chloride
conduit
code
force
marketplace
damages
awarded
injuries
stemming
adoption
code
governmental
entities
district
granted
judgment
petitioner
reasoning
noerr
immunity
applied
association
akin
legislature
petitioner
use
methods
consistent
acceptable
standards
political
action
genuinely
intended
influence
association
respect
national
electrical
code
thereby
influence
various
state
local
legislative
bodies
adopt
code
app
pet
cert
appeals
reversed
rejecting
argument
association
treated
body
legislatures
routinely
adopt
code
argument
efforts
influence
code
immune
noerr
indirect
attempts
influence
state
local
governments
granted
certiorari
address
important
issues
regarding
application
noerr
immunity
private
associations
ii
concerted
efforts
restrain
monopolize
trade
petitioning
government
officials
protected
antitrust
liability
doctrine
established
noerr
mine
workers
pennington
california
motor
transport
trucking
unlimited
scope
protection
depends
however
source
context
nature
anticompetitive
restraint
issue
restraint
upon
trade
monopolization
result
valid
governmental
action
opposed
private
action
urging
governmental
action
enjoy
absolute
immunity
antitrust
liability
anticompetitive
restraint
noerr
see
also
pennington
supra
addition
independent
government
action
anticompetitive
restraint
results
directly
private
action
restraint
form
basis
antitrust
liability
incidental
valid
effort
influence
governmental
action
noerr
supra
validity
efforts
thus
applicability
noerr
immunity
varies
context
nature
activity
publicity
campaign
directed
general
public
seeking
legislation
executive
action
enjoys
antitrust
immunity
even
campaign
employs
unethical
deceptive
methods
noerr
supra
less
political
arenas
unethical
deceptive
practices
constitute
abuses
administrative
judicial
processes
may
result
antitrust
violations
california
motor
transport
supra
case
restraint
trade
liability
predicated
association
exclusion
respondent
product
code
damages
imposed
incorporation
code
government
relevant
context
thus
process
private
association
typically
private
associations
like
association
case
include
members
horizontal
vertical
business
relations
see
generally
areeda
antitrust
law
trade
associations
routinely
treated
continuing
conspiracies
members
doubt
members
associations
often
economic
incentives
restrain
competition
product
standards
set
associations
serious
potential
anticompetitive
harm
see
american
society
mechanical
engineers
hydrolevel
agreement
product
standard
implicitly
agreement
manufacture
distribute
purchase
certain
types
products
accordingly
private
associations
traditionally
objects
antitrust
scrutiny
see
ibid
radiant
burners
peoples
gas
light
coke
per
curiam
see
also
ftc
indiana
federation
dentists
however
private
associations
promulgate
safety
standards
based
merits
objective
expert
judgments
procedures
prevent
process
biased
members
economic
interests
stifling
product
competition
cf
hydrolevel
supra
noting
absence
meaningful
safeguards
private
standards
significant
procompetitive
advantages
potential
procompetitive
benefits
led
lower
courts
apply
analysis
product
private
associations
given
context
petitioner
enjoy
immunity
accorded
merely
urge
government
restrain
trade
agree
appeals
association
treated
body
simply
legislatures
routinely
adopt
code
association
publishes
whatever
de
facto
authority
association
enjoys
official
authority
conferred
government
decisionmaking
body
association
composed
least
part
persons
economic
incentives
restrain
trade
see
continental
ore
union
carbide
carbon
see
also
goldfarb
virginia
state
bar
may
presume
absent
showing
contrary
government
acts
public
interest
private
party
hand
may
presumed
acting
primarily
behalf
hallie
eau
claire
dividing
line
restraints
resulting
governmental
action
resulting
private
action
may
always
obvious
restraint
imposed
persons
unaccountable
public
without
official
authority
many
personal
financial
interests
restraining
competition
difficulty
concluding
restraint
resulted
private
action
noerr
immunity
might
still
apply
however
petitioner
argues
exclusion
polyvinyl
chloride
conduit
code
effect
exclusion
force
marketplace
incidental
valid
effort
influence
governmental
action
petitioner
notes
lion
share
anticompetitive
effect
case
came
predictable
adoption
code
law
large
number
state
local
governments
see
indeed
petitioner
argues
state
local
governments
rely
heavily
code
lack
resources
technical
expertise
efforts
influence
association
process
effective
means
influencing
legislation
regulating
electrical
conduit
claim
noerr
immunity
force
effort
influence
governmental
action
case
certainly
characterized
sham
given
actual
adoption
code
number
statutes
local
ordinances
quarrel
petitioner
contention
given
widespread
adoption
code
law
effect
code
marketplace
force
main
incidental
petitioner
genuine
effort
influence
governmental
action
petitioner
persuasively
argues
claim
noerr
immunity
dismissed
ground
conduct
issue
involved
direct
petitioning
government
officials
noerr
immunized
form
indirect
petitioning
see
noerr
immunizing
publicity
campaign
directed
general
public
ground
part
effort
influence
legislative
executive
action
nonetheless
validity
petitioner
actions
remains
issue
agree
petitioner
absolutist
position
noerr
doctrine
immunizes
every
concerted
effort
genuinely
intended
influence
governmental
action
conduct
immunized
example
competitors
free
enter
horizontal
price
agreements
long
wished
propose
price
appropriate
level
governmental
ratemaking
price
supports
see
georgia
pennsylvania
horizontal
conspiracies
boycotts
designed
exact
higher
prices
economic
advantages
government
immunized
ground
genuinely
intended
influence
government
agree
conspirators
terms
see
georgia
evans
firms
claim
immunity
boycotts
horizontal
output
restrictions
ground
intended
dramatize
plight
industry
spur
legislative
action
immunity
might
even
claimed
anticompetitive
mergers
theory
give
merging
corporations
added
political
clout
necessarily
dispositive
packing
association
meeting
may
effective
means
securing
government
action
one
imagine
situations
effective
means
influencing
government
officials
bribery
never
suggested
kind
attempt
influence
government
merits
protection
thus
conclude
noerr
immunity
anticompetitive
activity
intended
influence
government
depends
impact
also
context
nature
activity
petitioner
actions
took
place
within
context
process
private
association
concluded
association
body
reject
petitioner
argument
efforts
influence
association
must
treated
efforts
influence
given
wide
berth
accorded
legislative
lobbying
rounding
supporters
acceptable
constitutionally
protected
method
influencing
elections
mean
rounding
economically
interested
persons
set
private
standards
must
also
protected
agree
petitioner
contention
regardless
association
nonlegislative
status
effort
influence
code
receive
wide
latitude
given
ethically
dubious
efforts
influence
legislative
action
political
arena
see
noerr
simply
ultimate
aim
effort
influence
private
process
principally
legislative
action
ultimate
aim
dispositive
misrepresentation
necessarily
entitled
antitrust
immunity
allowed
deceptive
practices
political
arena
simply
odds
good
decision
codified
matter
misrepresentations
made
oath
legislative
committee
hearing
hopes
spurring
legislative
action
distinguishes
case
noerr
progeny
context
nature
petitioner
activity
make
type
commercial
activity
traditionally
validity
determined
antitrust
laws
true
noerr
immunized
conduct
characterized
conspiracy
among
railroads
destroy
business
relations
truckers
customers
noerr
supra
noted
specific
findings
railroads
attempted
directly
persuade
anyone
deal
truckers
moreover
evidence
record
oral
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