reiter
sonotone
argued
april
decided
june
petitioner
brought
class
action
behalf
persons
purchased
hearing
aids
manufactured
respondents
alleging
antitrust
violations
committed
respondents
class
seeks
represent
forced
pay
illegally
fixed
higher
prices
hearing
aids
related
services
purchased
respondents
retail
dealers
treble
damages
sought
clayton
act
provides
ny
person
shall
injured
business
property
reason
anything
forbidden
antitrust
laws
may
bring
suit
recover
treble
damages
respondents
moved
dismiss
damages
claim
ground
petitioner
injured
business
property
within
meaning
district
held
retail
purchaser
injured
property
shown
antitrust
violations
caused
increase
price
paid
article
purchased
however
certified
question
appeals
appeals
reversed
holding
retail
purchasers
consumer
goods
services
allege
injury
commercial
business
nature
injured
business
property
within
meaning
phrase
business
property
intended
limit
standing
engaged
commercial
ventures
held
consumers
pay
higher
price
goods
purchased
personal
use
result
antitrust
violations
sustain
injury
property
within
meaning
pp
statutory
construction
must
begin
language
employed
congress
word
property
naturally
broad
inclusive
meaning
comprehending
common
usage
anything
material
value
owned
possessed
congress
use
disjunctive
phrase
business
property
indicates
business
intended
modify
property
property
intended
modify
business
giving
word
property
independent
significance
entitled
context
destroy
restrictive
significance
phrase
business
property
whole
pp
monetary
injury
standing
alone
may
injury
one
property
within
meaning
chattanooga
foundry
pipe
works
atlanta
thus
fact
petitioner
deprived
money
reason
conclude
sustain
property
injury
pp
petitioner
status
consumer
purchased
goods
retail
personal
use
change
nature
injury
suffered
intrinsic
meaning
property
pp
legislative
history
reflects
remedy
designed
protect
consumers
one
questioned
right
consumers
sue
thus
extent
legislative
history
relevant
also
supports
conclusion
consumer
deprived
money
reason
anticompetitive
conduct
injured
property
within
meaning
pp
fact
allowing
class
actions
may
add
significant
burden
federal
courts
already
overcrowded
dockets
important
controlling
consideration
since
congress
created
remedy
precisely
purpose
encouraging
private
challenges
antitrust
violations
respondents
arguments
cost
defending
consumer
class
actions
potentially
ruinous
effect
small
businesses
particular
ultimately
paid
consumers
policy
considerations
properly
addressed
congress
event
govern
reading
plain
language
pp
burger
delivered
opinion
members
joined
except
brennan
took
part
decision
case
rehnquist
filed
concurring
opinion
post
john
thomas
argued
cause
filed
brief
petitioner
julian
wilheim
elliot
kaplan
argued
cause
respondents
brief
fred
woodworth
joseph
basta
deborah
palmer
assistant
attorney
general
shenefield
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
mccree
deputy
solicitor
general
easterbrook
stephen
shapiro
barry
grossman
bruce
fein
warren
spannaus
attorney
general
minnesota
argued
cause
alabama
et
al
amici
curiae
urging
reversal
brief
richard
allyn
solicitor
general
minnesota
alan
maclin
stephen
kilgruff
thomas
kenyon
special
assistant
attorneys
general
john
ashcroft
attorney
general
missouri
walter
theiss
assistant
attorney
general
roger
bern
joined
officials
respective
follows
charles
graddick
attorney
general
alabama
avrum
gross
attorney
general
mark
ashburn
assistant
attorney
general
alaska
robert
corbin
attorney
general
kenneth
reed
arizona
steve
clark
attorney
general
royce
griffin
deputy
attorney
general
arkansas
george
deukmejian
attorney
general
warren
abbott
assistant
attorney
general
linda
tedeschi
deputy
attorney
general
california
macfarlane
attorney
general
lawrence
theis
first
assistant
attorney
general
william
walters
assistant
attorney
general
colorado
carl
ajello
attorney
general
gerard
dowling
larry
evans
assistant
attorneys
general
connecticut
richard
gebelein
attorney
general
william
kirk
iii
assistant
attorney
general
delaware
jim
smith
attorney
general
charles
ranson
special
assistant
attorney
general
douglas
kearney
assistant
attorney
general
florida
wayne
minami
attorney
general
thomas
wood
deputy
attorney
general
hawaii
david
leroy
attorney
general
mike
brassey
deputy
attorney
general
idaho
william
scott
attorney
general
illinois
theodore
sendak
attorney
general
indiana
thomas
miller
attorney
general
gary
swanson
assistant
attorney
general
iowa
robert
stephan
attorney
general
wayne
hundley
deputy
attorney
general
kansas
robert
stephens
attorney
general
james
ringo
assistant
attorney
general
kentucky
william
guste
attorney
general
john
flowers
assistant
attorney
general
louisiana
richard
cohen
attorney
general
cheryl
harrington
assistant
attorney
general
maine
stephen
sachs
attorney
general
charles
monk
ii
assistant
attorney
general
maryland
francis
bellotti
attorney
general
paula
gold
assistant
attorney
general
steven
greenfogel
massachusetts
frank
kelley
attorney
general
edwin
bladen
assistant
attorney
general
michigan
summer
attorney
general
marshall
bennett
assistant
attorney
general
mississippi
mike
greely
attorney
general
jerome
cate
assistant
attorney
general
montana
paul
douglas
attorney
general
robert
bartle
paul
hofmeister
assistant
attorneys
general
nebraska
richard
bryan
attorney
general
nevada
thomas
rath
attorney
general
new
hampshire
john
degnan
attorney
general
alfred
luciani
new
jersey
jeff
bingham
attorney
general
james
wechsler
assistant
attorney
general
new
mexico
robert
abrams
attorney
general
john
desiderio
assistant
attorney
general
new
york
rufus
edmisten
attorney
general
howard
kramer
deputy
attorney
general
david
crump
special
deputy
attorney
general
north
carolina
allen
olson
attorney
general
dale
sandstrom
terry
adkins
assistant
attorneys
general
north
dakota
william
brown
attorneys
general
eugene
mcshane
richard
firestone
assistant
attorneys
general
ohio
jan
eric
cartwright
attorney
general
manville
buford
assistant
attorney
general
oklahoma
james
redden
attorney
general
james
kirkham
johns
oregon
edward
biester
attorney
general
norman
watkins
john
shearburn
deputy
attorneys
general
pennsylvania
dennis
roberts
ii
attorney
general
patrick
quinlan
special
assistant
attorney
general
rhode
island
daniel
mcleod
attorney
general
south
carolina
mark
meierhenry
attorney
general
james
mcmahon
assistant
attorney
general
south
dakota
william
leech
attorney
general
william
haynes
deputy
attorney
general
tennessee
mark
white
attorney
general
texas
robert
hansen
attorney
general
andrew
buffmire
assistant
attorney
general
utah
jerome
diamond
attorney
general
jay
ashman
assistant
attorney
general
vermont
marshall
coleman
attorney
general
joseph
kaestner
assistant
attorney
general
virginia
slade
gorton
attorney
general
thomas
boeder
senior
assistant
attorney
general
earle
hereford
assistant
attorney
general
washington
chauncey
browning
attorney
general
charles
brown
deputy
attorney
general
west
virginia
bronson
la
follette
attorney
general
michael
zaleski
assistant
attorney
general
wisconsin
john
troughton
attorney
general
peter
mulvaney
deputy
attorney
general
james
gusea
assistant
attorney
general
wyoming
david
berger
laddie
montague
merrill
davidoff
stanley
friedman
frederick
furth
thomas
fahrner
aaron
fine
josef
cooper
filed
brief
plaintiffs
kennedy
smith
toyota
motor
sales
et
al
amici
curiae
urging
reversal
chief
justice
burger
delivered
opinion
granted
certiorari
decide
whether
consumers
pay
higher
price
goods
purchased
personal
use
result
antitrust
violations
sustain
injury
business
property
within
meaning
clayton
act
stat
petitioner
brought
class
action
behalf
persons
purchased
hearing
aids
manufactured
five
corporations
respondents
complaint
alleges
respondents
committed
variety
antitrust
violations
including
vertical
horizontal
price
fixing
violations
complaint
alleges
petitioner
class
persons
seeks
represent
forced
pay
illegally
fixed
higher
prices
hearing
aids
related
services
purchased
respondents
retail
dealers
treble
damages
injunctive
relief
sought
clayton
act
stat
amended
respondents
moved
dismissal
complaint
summary
judgment
district
among
things
respondents
argued
reiter
retail
purchaser
hearing
aids
personal
use
lacked
standing
sue
treble
damages
clayton
act
injured
business
property
within
meaning
act
district
held
retail
purchaser
injured
property
purchaser
show
antitrust
violations
caused
increase
price
paid
article
purchased
district
relied
chattanooga
foundry
pipe
works
atlanta
legislative
history
clayton
act
set
forth
brunswick
pueblo
indicating
congress
intended
give
remedy
consumers
supp
district
determined
however
respondents
raised
controlling
question
law
substantial
ground
difference
opinion
accordingly
certified
question
interlocutory
review
stayed
proceedings
case
declined
express
opinion
merits
issues
raised
respondents
motions
certifiability
class
appeals
reversed
holding
retail
purchasers
consumer
goods
services
allege
injury
commercial
business
nature
injured
business
property
within
meaning
noting
absence
holdings
precise
issue
courts
appeals
reasoned
phrase
business
property
intended
limit
standing
engaged
commercial
ventures
relied
legislative
history
statement
hawaii
standard
oil
business
property
referred
commercial
interests
enterprises
contrary
holding
appeals
observed
add
substantial
volume
litigation
already
strained
dockets
federal
courts
used
exact
unfair
settlements
retail
businesses
small
retailers
especially
hard
hit
gigantic
consumer
class
actions
granting
standing
retail
consumers
might
actually
anticompetitive
impact
consequence
accordingly
appeals
thought
sensible
matter
policy
compelled
matter
law
consumers
alleging
injury
commercial
competitive
nature
injured
property
section
clayton
act
granted
certiorari
reverse
ii
true
every
case
involving
construction
statute
starting
point
must
language
employed
congress
section
clayton
act
stat
provides
person
shall
injured
business
property
reason
anything
forbidden
antitrust
laws
may
sue
therefor
district
without
respect
amount
controversy
shall
recover
threefold
damages
sustained
cost
suit
including
reasonable
attorney
fee
emphasis
added
act
comprehensive
terms
coverage
protecting
made
victims
forbidden
practices
whomever
may
perpetrated
mandeville
island
farms
american
crystal
sugar
cf
perma
life
mufflers
international
parts
legislative
history
sherman
act
demonstrates
congress
used
phrase
person
intending
naturally
broad
inclusive
meaning
mention
floor
debates
restrictive
definition
respondents
protest
reference
property
means
money
term
business
becomes
superfluous
every
injury
one
business
necessarily
involves
pecuniary
injury
argue
congress
wished
permit
one
lost
money
bring
suit
used
restrictive
phrase
business
property
rather
employed
generic
language
akin
example
provides
injunctive
relief
threatened
loss
damage
congress
plainly
intended
exclude
category
injury
choosing
phrase
business
property
commercial
interest
gloss
argue
gives
phrase
restrictive
significance
intended
time
gives
independent
significance
word
business
word
property
argument
respondents
straightforward
phrase
business
property
means
business
activity
property
related
one
business
brief
respondents
strained
construction
us
ignore
disjunctive
rob
term
property
independent
ordinary
significance
moreover
convert
noun
business
adjective
construing
statute
obliged
give
effect
possible
every
word
congress
used
menasche
canons
construction
ordinarily
suggest
terms
connected
disjunctive
given
separate
meanings
unless
context
dictates
otherwise
see
fcc
pacifica
foundation
congress
use
word
makes
plain
business
intended
modify
property
property
intended
modify
business
commercial
enterprise
suffers
loss
money
suffers
injury
business
property
neither
term
rendered
redundant
recognizing
consumer
engaged
business
enterprise
rather
acquiring
goods
services
personal
use
injured
property
price
goods
services
artificially
inflated
reason
anticompetitive
conduct
complained
phrase
business
property
also
retains
restrictive
significance
example
exclude
personal
injuries
suffered
hamman
supp
mont
congress
must
intended
exclude
class
injuries
phrase
business
property
taxes
ordinary
meaning
common
terms
argue
respondents
consumer
monetary
injury
arising
directly
retail
purchase
comprehended
natural
usual
meaning
phrase
business
property
simply
give
word
property
independent
significance
entitled
context
consumer
whose
money
diminished
reason
antitrust
violation
injured
property
within
meaning
indeed
indicated
much
chattanooga
foundry
pipe
works
atlanta
city
alleged
anticompetitive
conduct
defendants
caused
city
pay
water
pipes
purchased
use
city
water
system
defendants
answered
pecuniary
injury
resulting
alleged
overcharges
injure
city
business
property
within
meaning
without
relying
fact
city
engaged
business
enterprise
stated
city
injured
property
least
business
furnishing
water
led
pay
worth
pipe
person
whose
property
diminished
payment
money
wrongfully
induced
injured
property
yet
holding
chattanooga
foundry
deliberately
grounded
premise
city
injured
property
independent
injury
sustained
business
furnishing
water
defendants
antitrust
violation
caused
pay
higher
price
pipe
otherwise
paid
ibid
chattanooga
foundry
therefore
establishes
monetary
injury
standing
alone
may
injury
one
property
within
meaning
thus
fact
petitioner
reiter
deprived
money
albeit
modest
amount
reason
conclude
sustain
property
injury
status
consumer
change
nature
injury
suffered
intrinsic
meaning
property
consumers
retail
goods
services
standing
sue
implicit
decision
goldfarb
virginia
state
bar
held
bar
association
subject
suit
brought
persons
sought
legal
services
connection
purchase
residence
furthermore
often
referred
consumers
parties
entitled
seek
damages
without
intimating
consumers
goods
services
purchased
personal
rather
commercial
use
way
foreclosed
statutory
language
asserting
injury
property
pfizer
government
india
brunswick
pueblo
hanover
shoe
shoe
machinery
mandeville
island
farms
american
crystal
sugar
hawaii
standard
oil
contrary
held
injury
state
total
economy
state
sought
redress
parens
patriae
capacity
cognizable
true
noted
words
business
property
refer
commercial
interests
enterprises
reasoned
hawaii
recover
claim
damage
done
general
economy
injury
harm
hawaii
commercial
interests
however
language
opinion
always
parsed
though
dealing
language
statute
use
phrase
commercial
interests
enterprises
read
context
sense
suggests
injuries
business
entity
within
ambit
respondents
ignore
careful
use
disjunctive
naturally
broad
meaning
term
interests
hawaii
standard
oil
supra
phrase
commercial
interests
used
generic
reference
interests
state
hawaii
party
commercial
transaction
apparent
hawaii
explicit
reaffirmance
rule
chattanooga
foundry
statement
injury
state
occurs
capacity
consumer
marketplace
payment
money
wrongfully
induced
treble
damages
recoverable
state
clayton
act
hawaii
standard
oil
supra
central
premise
holding
hawaii
concern
duplicative
recoveries
noted
large
ultimately
indeterminable
part
injury
general
economy
state
sued
reflection
injuries
business
property
consumers
proper
showing
recover
right
consumers
purchase
retail
trillion
goods
services
annually
economic
report
president
table
sound
commercial
interests
retail
purchasers
goods
services
obtain
lowest
price
possible
within
framework
competitive
private
enterprise
system
essence
antitrust
laws
ensure
fair
price
competition
open
market
petitioner
alleges
wrongful
deprivation
money
price
hearing
aid
bought
artificially
inflated
reason
respondents
anticompetitive
conduct
alleged
injury
property
nothing
legislative
history
conflicts
holding
today
many
courts
commentators
observed
respective
legislative
histories
clayton
act
sherman
act
predecessor
shed
light
congress
original
understanding
terms
business
property
nowhere
legislative
record
specific
reference
made
intended
scope
terms
respondents
engage
speculation
arguing
substitution
terms
business
property
broader
language
originally
proposed
senator
sherman
clearly
intended
exclude
pecuniary
injuries
suffered
purchase
goods
services
retail
personal
use
none
subsequent
floor
debates
reflect
intent
contrary
suggest
congress
designed
sherman
act
consumer
welfare
prescription
bork
antitrust
paradox
certainly
leading
proponents
legislation
perceived
remedy
means
protecting
consumers
overcharges
resulting
price
fixing
cong
rec
congress
rejected
proposal
allow
group
consumers
bring
collective
action
class
legislators
questioned
whether
individual
consumers
willing
bring
actions
relatively
small
amounts
see
time
however
right
consumer
bring
action
damages
questioned
brunswick
pueblo
supra
examining
legislative
history
described
sherman
act
conceived
primarily
remedy
people
individuals
especially
consumers
provision
clayton
act
conceived
primarily
open
ing
door
justice
every
man
giv
ing
injured
party
ample
damages
wrong
suffered
thus
extent
legislative
history
relevant
supports
holding
consumer
deprived
money
reason
allegedly
anticompetitive
conduct
injured
property
within
meaning
respondents
also
argue
allowing
class
actions
brought
retail
consumers
like
petitioner
add
significant
burden
already
crowded
dockets
federal
courts
may
well
true
controlling
consideration
must
take
statute
find
congress
created
remedy
precisely
purpose
encouraging
private
challenges
antitrust
violations
private
suits
provide
significant
supplement
limited
resources
available
department
justice
enforcing
antitrust
laws
deterring
violations
indeed
nearly
times
many
private
antitrust
actions
currently
pending
federal
courts
actions
filed
department
justice
administrative
office
courts
ann
table
sure
private
suits
impose
heavy
litigation
burden
federal
courts
clear
responsibility
congress
provide
judicial
resources
necessary
execute
mandates
finally
respondents
argue
cost
defending
consumer
class
actions
potentially
ruinous
effect
small
businesses
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