national
soc
professional
engineers
argued
january
decided
april
brought
civil
antitrust
suit
petitioner
national
society
professional
engineers
alleging
petitioner
canon
ethics
prohibiting
members
submitting
competitive
bids
engineering
services
suppressed
competition
violation
sherman
act
petitioner
defended
ground
inter
alia
rule
reason
canon
justified
adopted
members
learned
profession
purpose
minimizing
risk
competition
produce
inferior
engineering
work
endangering
public
safety
district
granting
injunction
canon
rejected
justification
holding
canon
face
violated
sherman
act
thus
making
unnecessary
make
findings
likelihood
competition
produce
dire
consequences
envisaged
petitioner
appeals
affirmed
although
modifying
district
injunction
certain
respects
modified
prohibits
petitioner
adopting
official
opinion
policy
statement
guideline
stating
implying
competitive
bidding
unethical
held
face
canon
question
restrains
trade
within
meaning
sherman
act
rule
reason
proper
inquiry
whether
challenged
agreement
one
promotes
one
suppresses
competition
support
defense
based
assumption
competition
unreasonable
pp
canon
amounts
agreement
among
competitors
refuse
discuss
prices
potential
customers
negotiations
resulted
initial
selection
engineer
price
fixing
operates
absolute
ban
competitive
bidding
applying
equal
force
complicated
simple
projects
inexperienced
sophisticated
customers
pp
petitioner
affirmative
defense
confirms
rather
refutes
anticompetitive
purpose
effect
canon
attempt
justify
rule
reason
restraint
competition
imposed
canon
basis
potential
threat
competition
poses
public
safety
ethics
engineering
profession
nothing
less
frontal
assault
basic
policy
sherman
act
pp
engineers
often
involved
projects
significantly
affecting
public
safety
justify
exception
sherman
act
pp
ethical
norms
may
serve
regulate
promote
competition
professional
services
thus
fall
within
rule
reason
petitioner
argument
far
cry
position
although
competition
may
entirely
conducive
ethical
behavior
reason
cognizable
sherman
act
away
competition
district
injunction
modified
appeals
abridge
first
amendment
rights
pp
first
amendment
make
impossible
ever
enforce
laws
agreements
restraint
trade
giboney
empire
storage
ice
although
district
may
consider
fact
injunction
may
impinge
upon
rights
otherwise
constitutionally
protected
protections
prevent
remedying
antitrust
violations
pp
standard
injunction
must
judged
whether
relief
represents
reasonable
method
eliminating
consequences
illegal
conduct
injunction
meets
standard
petitioner
wishes
adopt
ethical
guideline
closely
confined
legitimate
objective
preventing
deceptively
low
bids
may
move
district
modify
injunction
pp
stevens
delivered
opinion
stewart
white
marshall
powell
joined
parts
iii
blackmun
rehnquist
joined
blackmun
filed
opinion
concurring
part
concurring
judgment
rehnquist
joined
post
burger
filed
opinion
concurring
part
dissenting
part
post
brennan
took
part
consideration
decision
case
lee
loevinger
argued
cause
petitioner
briefs
martin
michaelson
howard
shapiro
argued
cause
brief
solicitor
general
mccree
assistant
attorney
general
shenefield
robert
nicholson
justice
stevens
delivered
opinion
civil
antitrust
case
brought
nullify
association
canon
ethics
prohibiting
competitive
bidding
members
question
whether
canon
may
justified
sherman
act
stat
amended
et
seq
ed
adopted
members
learned
profession
purpose
minimizing
risk
competition
produce
inferior
engineering
work
endangering
public
safety
district
rejected
justification
without
making
findings
likelihood
competition
produce
dire
consequences
foreseen
association
appeals
affirmed
granted
certiorari
decide
whether
district
considered
factual
basis
proffered
justification
rejecting
satisfied
asserted
defense
rests
fundamental
misunderstanding
rule
reason
frequently
applied
antitrust
litigation
affirm
engineering
important
learned
profession
graduate
engineers
registered
professional
engineers
registration
requirements
vary
state
state
usually
require
applicant
graduate
engineer
least
four
years
practical
experience
pass
written
examination
half
registered
engage
consulting
engineering
fee
basis
perform
services
connection
study
design
construction
types
improvements
real
property
bridges
office
buildings
airports
factories
examples
engineering
fees
amounting
well
billion
year
constitute
total
construction
costs
given
facility
approximately
cost
construction
direct
result
work
performed
engineer
concerning
systems
equipment
incorporated
structure
national
society
professional
engineers
society
organized
deal
nontechnical
aspects
engineering
practice
including
promotion
professional
social
economic
interests
members
present
membership
resides
throughout
foreign
countries
approximately
members
consulting
engineers
offer
services
governmental
industrial
private
clients
society
members
principals
chief
executive
officers
largest
engineering
firms
country
charges
consulting
engineer
may
computed
different
ways
may
charge
client
percentage
cost
project
may
set
fee
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cost
plus
overhead
plus
reasonable
profit
may
charge
fixed
rates
per
hour
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types
work
may
perform
assignment
specific
sum
may
combine
one
approaches
suggested
fee
schedules
particular
types
services
certain
areas
promulgated
time
time
various
local
societies
case
however
involve
claim
national
society
tried
fix
specific
fees
even
specific
method
calculating
fees
involves
charge
members
society
unlawfully
agreed
refuse
negotiate
even
discuss
question
fees
prospective
client
selected
engineer
particular
project
evidence
agreement
found
society
code
ethics
adopted
july
district
found
society
board
ethical
review
uniformly
interpreted
ethical
rules
competitive
bidding
engineering
services
prohibiting
submission
form
price
information
prospective
customer
enable
customer
make
price
comparison
engineering
services
client
requires
information
provided
imposes
obligation
upon
engineering
firm
withdraw
consideration
job
society
code
ethics
thus
prohibits
engineers
soliciting
submitting
price
information
supp
dc
seeks
preserve
profession
traditional
method
selecting
professional
engineers
traditional
method
client
initially
selects
engineer
basis
background
reputation
price
government
filed
complaint
society
alleging
members
agreed
abide
canons
ethics
prohibiting
submission
competitive
bids
engineering
services
consequence
price
competition
among
members
suppressed
customers
deprived
benefits
free
open
competition
complaint
prayed
injunction
terminating
unlawful
agreement
answer
society
admitted
essential
facts
alleged
government
pleaded
series
affirmative
defenses
one
remains
issue
defense
society
averred
standard
set
code
ethics
reasonable
competition
among
professional
engineers
contrary
public
interest
averred
cheaper
easier
engineer
design
specify
inefficient
unnecessarily
expensive
structures
methods
construction
accordingly
competitive
pressure
offer
engineering
services
lowest
possible
price
adversely
affect
quality
engineering
moreover
practice
awarding
engineering
contracts
lowest
bidder
regardless
quality
dangerous
public
health
safety
welfare
reasons
society
claimed
code
ethics
unreasonable
restraint
interstate
trade
commerce
parties
complied
voluminous
discovery
trial
record
district
made
detailed
findings
engineering
profession
society
members
participation
interstate
commerce
history
ban
competitive
bidding
certain
incidents
ban
appears
violated
enforced
district
however
make
finding
question
whether
extent
competition
led
inferior
engineering
work
turn
adversely
affected
public
health
safety
welfare
inquiry
considered
unnecessary
convinced
ethical
prohibition
competitive
bidding
face
tampering
price
structure
engineering
fees
violation
sherman
act
although
modified
injunction
entered
district
appeals
affirmed
conclusion
agreement
unlawful
face
therefore
illegal
without
regard
claimed
possible
benefits
app
ii
goldfarb
virginia
state
bar
held
bar
association
rule
prescribing
minimum
fees
legal
services
violated
sherman
act
opinion
noted
certain
practices
members
learned
profession
might
survive
scrutiny
rule
reason
even
though
viewed
violation
sherman
act
another
context
said
fact
restraint
operates
upon
profession
distinguished
business
course
relevant
determining
whether
particular
restraint
violates
sherman
act
unrealistic
view
practice
professions
interchangeable
business
activities
automatically
apply
professions
antitrust
concepts
originated
areas
public
service
aspect
features
professions
may
require
particular
practice
properly
viewed
violation
sherman
act
another
context
treated
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intimate
view
situation
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confronted
today
rule
reason
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problem
presented
language
sherman
act
mean
says
statute
says
every
contract
restrains
trade
unlawful
justice
brandeis
perceptively
noted
restraint
essence
every
contract
read
literally
outlaw
entire
body
private
contract
law
yet
body
law
establishes
enforceability
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agreements
enables
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markets
indeed
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economy
function
effectively
congress
however
intend
text
sherman
act
delineate
full
meaning
statute
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concrete
situations
legislative
history
makes
perfectly
clear
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courts
give
shape
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rule
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origins
precedents
long
antedating
sherman
act
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give
act
flexibility
definition
central
principle
antitrust
analysis
remained
constant
contrary
name
rule
open
field
antitrust
inquiry
argument
favor
challenged
restraint
may
fall
within
realm
reason
instead
focuses
directly
challenged
restraint
impact
competitive
conditions
principle
apparent
even
earliest
cases
applying
rule
reason
mitchel
reynolds
supra
mitchel
involved
enforceability
promise
seller
bakery
compete
purchaser
business
covenant
limited
time
applied
area
bakery
operated
therefore
upheld
reasonable
even
though
deprived
public
benefit
potential
competition
benefit
enhancing
marketability
business
thereby
providing
incentives
develop
enterprise
outweighed
temporary
limited
loss
competition
rule
reason
suggested
mitchel
reynolds
regarded
standard
testing
enforceability
covenants
restraint
trade
ancillary
legitimate
transaction
employment
contract
sale
going
business
judge
later
chief
justice
taft
interpreted
rule
classic
rejection
argument
competitors
may
lawfully
agree
sell
goods
price
long
price
reasonable
addyston
pipe
steel
aff
case
subsequent
decisions
unequivocally
foreclose
interpretation
rule
permitting
inquiry
reasonableness
prices
set
private
agreement
early
cases
also
foreclose
argument
special
characteristics
particular
industry
monopolistic
arrangements
better
promote
trade
commerce
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freight
joint
traffic
kind
argument
properly
addressed
congress
may
justify
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specific
industries
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rule
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oil
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made
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whether
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contracts
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unreasonableness
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nature
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rise
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trade
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prices
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test
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confined
consideration
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conditions
respect
rule
reason
remained
faithful
origins
justice
brandeis
opinion
chicago
board
trade
opinion
written
justice
powell
continental
adhered
position
inquiry
mandated
rule
reason
whether
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agreement
one
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test
legality
whether
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imposed
merely
regulates
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may
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even
destroy
competition
quoted
thus
two
complementary
categories
antitrust
analysis
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category
agreements
whose
nature
necessary
effect
plainly
anticompetitive
elaborate
study
industry
needed
establish
illegality
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per
se
second
category
agreements
whose
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facts
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decide
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engineering
services
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low
bids
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engineers
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work
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force
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one
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cause
suppliers
market
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bidding
engineering
projects
may
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account
variables
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performance
project
based
considerations
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might
conclude
interest
quality
may
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safety
end
product
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achieving
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competitor
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individual
vendor
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refrain
price
negotiation
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fully
understands
scope
customers
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might
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petitioner
provided
ample
documentation
thesis
reasons
satisfy
rule
individual
decisions
subject
antitrust
attack
sherman
act
require
competitive
bidding
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initial
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imposes
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heart
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economic
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cost
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select
among
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offers
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statutory
policy
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inquiry
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whether
competition
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engineers
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projects
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sherman
act
potentially
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goods
services
tantamount
repeal
statute
complex
economy
number
items
may
cause
serious
harm
almost
endless
automobiles
drugs
foods
aircraft
components
heavy
equipment
countless
others
cause
serious
harm
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public
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nature
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businessmen
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prices
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must
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range
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ethics
competitive
bidding
first
amendment
make
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ever
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laws
agreements
restraint
trade
giboney
empire
storage
ice
fashioning
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district
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injunction
may
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upon
rights
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virginia
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bar
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dc
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appealed
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engineer
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