goldfarb virginia state bar argued march decided june petitioners husband wife contracted buy home fairfax county lender financed purchase required obtain title insurance necessitated title examination performed legally member respondent virginia state bar petitioners unsuccessfully tried find lawyer examine title less fee prescribed schedule published respondent fairfax county bar association enforced respondent virginia state bar petitioners brought class action respondents seeking injunctive relief damages alleging schedule enforcement mechanism applied fees legal services relating residential real estate transactions constitute price fixing violation sherman act although holding state bar exempt sherman act district granted judgment county bar association enjoined publication fee schedule appeals reversed holding state bar actions immune liability state action parker brown also county bar association immune practice law learned profession trade commerce sherman act event respondents activities sufficient effect interstate commerce support sherman act jurisdiction held schedule published county bar association enforced state bar violates sherman act pp schedule enforcement mechanism constitute price fixing since record shows schedule rather purely advisory operated fixed rigid price floor fee schedule enforced prospect professional discipline state bar reason attorneys desire comply announced professional norms assurance lawyers compete underbidding pp since significant amount funds furnished financing purchase homes fairfax county comes outside state since title examination integral part interstate transactions interstate commerce sufficiently affected sherman act purposes notwithstanding showing prospective purchasers discouraged buying homes fairfax county challenged activities showing fee schedule resulted raising fees pp congress intend sweeping learned profession exclusion sherman act title examination service exchange service money commerce common usage term pp respondents activities exempt sherman act state action within meaning parker brown supra neither virginia virginia statute required activities although state bar power issue ethical opinions appear approves enough anticompetitive competitive conduct prompted state action exempt conduct must compelled direction state acting sovereign state bar providing deviation minimum fees may lead disciplinary action voluntarily joined essentially private anticompetitive activity hence claim beyond sherman act reach pp burger delivered opinion members joined except powell took part consideration decision case footnotes alan morrison argued cause filed briefs petitioners andrew miller attorney general virginia argued cause respondent virginia state bar brief anthony troy deputy attorney general stuart dunn assistant attorney general lewis booker argued cause respondent fairfax county bar assn brief john shenefield solicitor general bork argued cause amicus curiae urging reversal brief assistant attorney general kauper gerald norton howard shapiro eleanor fox filed brief association bar city new york amicus curiae urging reversal briefs amici curiae urging affirmance filed james fellers blair white american bar assn richard mcfarlain national organization bar counsel leroy jeffers state bar texas warren resh state bar wisconsin robert wallach walter robinson bar association san francisco owen rall peter sfikas american dental assn chief justice burger delivered opinion granted certiorari decide whether schedule lawyers published fairfax county bar association enforced virginia state bar violates sherman act stat amended appeals held although fee schedule enforcement mechanism substantially restrained competition among lawyers publication schedule county bar outside scope act practice law trade commerce enforcement schedule state bar exempt sherman act state action defined parker brown petitioners husband wife contracted buy home fairfax county va financing agency required secure title insurance required title examination member virginia state bar legally perform service petitioners therefore contacted lawyer quoted precise fee suggested schedule published respondent fairfax county bar association lawyer told policy keep charges line schedule provided fee value property involved petitioners tried find lawyer examine title less fee fixed schedule sent letters fairfax county lawyers requesting fees nineteen replied none indicated charge less rate fixed schedule several stated knew attorney fee schedule lawyers referred list recommended minimum prices common legal services respondent fairfax county bar association published fee schedule although purely voluntary association attorneys county bar formal power enforce enforcement provided respondent virginia state bar administrative agency virginia regulates practice law state membership state bar required order practice virginia although state bar never taken formal disciplinary action compel adherence fee schedule published reports condoning fee schedules issued two ethical opinions indicating fee schedules ignored recent opinion evidence attorney habitually charges less suggested minimum fee schedule adopted local bar association raises presumption lawyer guilty misconduct petitioners find lawyer willing charge fee lower schedule dictated title examined lawyer first contacted brought class action state bar county bar alleging operation schedule applied fees legal services relating residential real estate transactions constitutes price fixing violation sherman act petitioners sought injunctive relief damages trial solely issue liability district held schedule violated sherman act supp ed viewed system significant reason petitioners failure obtain legal services less minimum fee rejected county bar contention learned profession practice law exempt sherman act respondents argued actions also exempt sherman act state action parker brown supra district agreed virginia state bar exempt doctrine administrative agency virginia important minor role matter derived judicial legislative command state intended operate become effective without command county bar hand private organization compulsion adopt fee schedule recommended state bar since county bar chose course conduct district held antitrust laws remain full force effect enjoined fee schedule set case trial ascertain damages appeals reversed liability despite conclusion abundantly clear record us fee schedule enforcement mechanism supporting act substantial restraint upon competition among attorneys practicing fairfax county appeals held state bar immune parker brown supra held county bar immune practice law trade commerce sherman act long judicial recognition limited exclusion learned professions scope antitrust laws said exclusion based upon special form regulation imposed upon professions incompatibility certain competitive practices professional regulation concluded promulgation schedule one matters respect accord must reached necessities professional regulation dictates antitrust laws accord reached hold practice law exempt antitrust laws alternatively appeals held respondents activities sufficient effect interstate commerce support sherman act jurisdiction petitioners argued fee schedule restrained business financing insuring home mortgages inflating component part total cost housing concluded title examination generally local service even part transaction crosses state lines effect commerce incidental justify federal regulation granted certiorari thus confronted first time question whether sherman act applies services performed attorneys examining titles connection financing purchase real estate ii inquiry divided four steps respondents engage price fixing activities interstate commerce affect interstate commerce activities exempt sherman act involve learned profession activities state action within meaning parker brown therefore exempt sherman act county bar argues fee schedule merely advisory schedule enforcement mechanism constitute price fixing purpose argument continues provide legitimate information aid member lawyers complying virginia professional regulations moreover county bar contends practice schedule effect producing fixed fees facts found trier belie contentions nothing record suggests findings lack support purely advisory fee schedule issued provide guidelines exchange price information without showing actual restraint trade present us different question american column maple flooring assn see national assn real estate boards record however reveals situation quite different occur purely advisory fee schedule fixed rigid price floor arose respondents activities every lawyer responded petitioners inquiries adhered fee schedule lawyer asked additional information order set individualized fee price information disseminated concern past standards cf cement mfrs protective assn rather minimum fees charged future transactions minimum rates increased time fee schedule enforced prospect professional discipline state bar desire attorneys comply announced professional norms see generally american column supra motivation conform reinforced assurance lawyers compete underbidding merely case agreement may inferred exchange price information container naked agreement clearly shown effect prices plain fortas concurring moreover terms restraining competition harming consumers like petitioners activities found unusually damaging title examination indispensable process financing real estate purchase since attorney licensed practice virginia may legally examine title see supra consumers turn alternative sources necessary service attorneys course practicing constraint fee schedule see generally container supra county bar makes much fact voluntary organization however ethical opinions issued state bar provide lawyer whether member county bar association may disciplined habitually charg ing less suggested minimum fee schedule adopted local bar association see supra factors coalesced create pricing system consumers realistically escape record respondents activities constitute classic illustration price fixing county bar argues appeals held effect interstate commerce caused fee schedule restraint legal services incidental remote view legal services performed wholly intrastate essentially local nature therefore restraint respect never substantially affect interstate commerce county bar maintains showing fee schedule enforcement mechanism increased fees even showing increase deterred prospective homeowner buying fairfax county arguments misconceive nature transactions actions issue place legal services play transactions district found significant portion funds furnished purchasing homes fairfax county comes without state virginia significant amounts loans fairfax county real estate guaranteed veterans administration department housing urban development headquartered district columbia thus class action transactions create need particular legal services question frequently interstate transactions necessary connection interstate transactions restraint trade provided schedule present practical sense title examinations necessary real estate transactions assure lien valid title borrower financing realty purchases lenders require condition making loan title property involved examined thus title examination integral part interstate transaction long held obvious distinction drawn course conduct wholly within state conduct inseparable element larger program dependent success upon activity affects commerce frankfort distilleries given substantial volume commerce involved inseparability particular legal service interstate aspects real estate transactions conclude interstate commerce sufficiently affected see montague lowry women sportswear fact showing home buyers discouraged challenged activities mean interstate commerce affected otherwise magnitude effect control cases shown effect shown specific magnitude need proved mckesson robbins necessary petitioners prove fee schedule raised fees petitioners clearly proved fee schedule fixed fees thus deprive purchasers consumers advantages derive free competition apex hosiery leader see oil matter law practical necessity legal services integral part interstate transaction restraint services may substantially affect commerce sherman act purposes course may legal services involve interstate commerce fashions may legal services nexus interstate commerce thus beyond reach sherman act county bar argues congress never intended include learned professions within terms trade commerce sherman act therefore sale professional services exempt act explicit exemption legislative history provided support contention rather existence state regulation seems primary basis also county bar maintains competition inconsistent practice profession enhancing profit goal professional activities goal provide services necessary community indeed classic basis traditionally advanced distinguish professions trades businesses occupations loses force used support fee control activities involved arguing learned professions trade commerce county bar seeks total exclusion antitrust regulation whether state regulation active dormant real theoretical lawyers able adopt anticompetitive practices impunity find support proposition congress intended sweeping exclusion nature occupation standing alone provide sanctuary sherman act associated press aspect professional practice controlling determining whether includes professions national assn real estate boards congress intended strike broadly sherman act read wide exemption urged us odds purpose language sherman act course contains exception language comprehensive difficult conceive underwriters cases repeatedly established heavy presumption implicit exemptions philadelphia national bank california fpc indeed cases specifically included sale services within american medical assn radovich national football league whatever else may examination land title service exchange service money commerce common usage word disparagement practice law profession acknowledge business aspect sherman act face shows carefully studied attempt bring within act every person engaged business whose activities might restrain monopolize commercial intercourse among underwriters supra parker brown held anticompetitive marketing program derived authority efficacy legislative command state violation sherman act act intended regulate private practices prohibit state imposing restraint act government olsen smith respondent state bar respondent county bar seek avail exemption legislature virginia authorized highest regulate practice law adopted ethical codes deal part fees far exercising state power authorize binding price fixing explicitly directed lawyers controlled fee schedules state bar state agency law argues issuing fee schedule reports ethical opinions dealing fee schedules merely implementing fee provisions ethical codes county bar although voluntary association state agency claims ethical codes activities state bar prompted issue fee schedules thus actions state action sherman act purposes threshold inquiry determining anticompetitive activity state action type sherman act meant proscribe whether activity required state acting sovereign parker brown continental union carbide need inquire question fairly said state virginia rules required anticompetitive activities either respondent respondents pointed virginia statute requiring activities state law simply refer fees leaving regulation profession virginia although ethical codes mention advisory fee schedules direct either respondent supply require type price floor arose respondents activities although state bar apparently granted power issue ethical opinions indication record virginia approves opinions respondents arguments constitute contention activities complemented objective ethical codes view state action sherman act purposes enough county bar puts anticompetitive conduct prompted state action rather anticompetitive activities must compelled direction state acting sovereign fact state bar state agency limited purposes create antitrust shield allows foster anticompetitive practices benefit members cf gibson berryhill state bar providing deviation county bar minimum fees may lead disciplinary action voluntarily joined essentially private anticompetitive activity posture claim beyond reach sherman act parker brown supra activities resulted rigid price floor petitioners consumers escape wished borrow money buy home iii recognize compelling interest practice professions within boundaries part power protect public health safety valid interests broad power establish standards licensing practitioners regulating practice professions also recognize instances state may decide forms competition usual business world may demoralizing ethical standards profession oregon state medical society see also semler oregon state board dental examiners interest regulating lawyers especially great since lawyers essential primary governmental function administering justice historically officers courts see sperry florida ex rel florida bar cohen hurley law students research council wadmond holding certain anticompetitive conduct lawyers within reach sherman act intend diminution authority state regulate professions judgment appeals reversed case remanded orders remand district proceedings consistent opinion reversed remanded unauthorized practice law opinion virginia state bar opinions virginia code ann provides appeals may time time prescribe adopt promulgate amend rules regulations organizing governing association known virginia state bar composed attorneys law state act administrative agency purpose investigating reporting violation rules regulations adopted article competent jurisdiction proceedings may necessary requiring persons practicing law state members thereof good standing ibid state bar published report listed series fees stated represent considered judgment committee economics law practice fair minimum fee instance report stated however fees mandatory recommended state bar consider adopting schedule nevertheless shortly thereafter county bar adopted schedule purported conscientious effort show lawyers true perspective dignity training integrity suggested fees title examination virtually identical state bar report accord opinion state bar committee legal ethics schedule stated although ethical duty charge lower fee deserving case lawyer purely advancement intentionally regularly bills less customary charges bar similar services order increase business resulting personal gain becomes form solicitation contrary canon also violation canon forbids efforts one lawyer encroach upon employment another app state bar published second report candidly stated reflect ed general scaling fees legal services report stated local bar association bound recommendations however respondent county bar quickly moved publish updated schedule generally raise fees new schedule stated fees mandatory tempered referring opinion time schedule also stated lawyers feel free charge recommended fees avoid condemnation higher fees charged lawyers cautioned county bar members publicly criticize lawyers charge suggested fees herein might evidence solicitation virginia state bar committee legal ethics opinion june virginia state bar committee legal ethics opinion may ibid parties stipulated opinions substantial influencing factor lawyers adherence fee schedules one reason may state bar required statute investigat report violation rules regulations adopted virginia competent jurisdiction proceedings may necessary code ann therefore lawyer contemplated ignoring fee schedule must aware professional sanctions possible enforcement mechanism existed administer two additional county bar associations originally named defendants agreed consent judgment directed cancel existing fee schedules enjoined adopting publishing distributing future schedules minimum suggested fees damage claims associations dismissed prejudice satisfied interstate commerce sufficiently affected sustain jurisdiction sherman act significant portion funds insurance involved purchase homes fairfax county comes outside state virginia supp ed appeals accurately depicted situation clear record nearly county bar members charged fees equal exceeding fees set forth schedule title examinations services involving real estate significant reason inability petitioners obtain legal services less fee set forth minimum fee schedule operation minimum fee schedule system abundantly clear record us fee schedule enforcement mechanism supporting act substantial restraint upon competition among attorneys practicing fairfax county appeals disturb district findings fact simply disagreed conclusions law drawn therefrom practical sense must view effect interstate commerce swift mandeville island farms american crystal sugar county bar relies yellow cab support argument essentially local legal services issue beyond sherman act held inter alia intrastate taxi trips occurred start finish interstate rail travel unrelated interstate commerce constitute part thereof within meaning sherman act ride railway station said rom standpoints time continuity may quite distinct separate interstate journey contrary legal services coincidental interstate real estate transactions terms time important terms continuity essential indeed apt compare legal services taxi trip stations change trains midst interstate journey yellow cab held trip part stream commerce county bar cites phrases several cases implied practice learned profession trade commerce antitrust laws federal club national league firm lawyers sending member argue case engage commerce lawyer goes another state ftc raladam medical practitioners follow profession trade atlantic cleaners dyers national assn real estate boards citations passing references cases concerned issues important present case clear attempted decide whether practice learned profession falls within sherman act national assn real estate boards specifically stated question still open done earlier american medical assn reason adopting fee schedule appear wholly altruistic first sentence respondent state bar minimum fee schedule report lawyers slowly surely committing economic suicide profession virginia state bar minimum fee schedule report app 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 differently intimate view situation one confronted today virginia code ann provides rules regulations defining practice law prescribing codes ethics disciplinary procedure appeals may time time prescribe adopt promulgate amend rules regulations defining practice law prescribing code ethics governing professional conduct attorneys law code judicial ethics prescribing procedure disciplining suspending disbarring attorneys law addition virginia inherent power regulate practice law state button day see lathrop donohue virginia adopted rules integration virginia state bar rule ii dealt procedure setting fees among six factors directed considered setting fee customary charges bar similar services also directed determining customary charges bar similar services proper lawyer consider schedule minimum fees adopted bar association lawyer permit controlled thereby follow sole guide determining amount fee rules integration virginia state bar xvii xxiii emphasis supplied virginia amended rules part adopted code professional responsibility effective january certain provisions also dealt procedure ec lawyers told fees vary according many factors uggested fee schedules economic reports state local bar associations provide guidance subject reasonable fees dr detailed eight factors considered avoiding excessive fee one factors fee customarily charged locality similar legal services dr see supra district stated state bar acted minor role far price fixing concerned one member appeals panel prepared exonerate state bar participation minimal insufficient impose sherman act liability craven concurring dissenting course alleged participant restraint trade may insubstantial connection restraint liability sherman act found see national assn real estate boards however case state bar fee schedule reports provided impetus county bar two occasions adopt schedules important state bar ethical opinions provided substantial reason lawyers comply schedules opinions threatened professional discipline habitual disregard fee schedules thus attorneys knew livelihood jeopardy even without threat opinions constituted substantial reason adhere schedules attorneys expected comply order assure discredit departing professional norms perhaps betraying professional oaths state bar also contends protected eleventh amendment see edelman jordan petitioners dispute contention district occasion reach view holding given record us intimate view issue leaving district remand