Oreck further contended that a per se rule was applicable


Whirlpool Corporation manufactured vacuum cleaners under both its own name and under the Kenmore name. Oreck exclusively distributed the vacuum cleaners sold under the Whirlpool name. Sears, Roebuck & Co. exclusively distributed the Kenmore vacuum cleaners. Oreck alleged that its exclusive distributorship agreement with Whirlpool was not renewed because an unlawful conspiracy existed between Whirlpool and Sears.

Oreck further contended that a per se rule was applicable because the agreement was (a) price fixing or (b) a group boycott, or (c) both. Who should prevail? Why?

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Business Law and Ethics: Oreck further contended that a per se rule was applicable
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