Interpretation Relation Case Before Making

Interpretation Relation Case Before Making

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Interpretation Relation Case Before Making

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Interpretation Relation Case Before Making

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The first slide is in relation to the introduction of the case. The slide introduces the case to the audience. This case is in relation to the per say rule as defined by Sokol, (2014).  When it comes to the per say rule it means it the action is inherent. This management that where an action is illegal per say it signifies that the action is illegal inherently. Therefore an act can be said to be illegal even where there is no extrinsic proff in relation to any surrounding situation such as lack of defenses or scienter. An legislation can be per say made illegal through the enactment of a statue, a case law or by the amendment of the constitution. A per say rule is a generalized rule the application of which is done without the consideration of any specific circumstances. A per say rule is a rule which is in relation to restraining a particular trade as contrary manifestly to competition so an inquiry into precise purpose or harm is not needed for it to be declared illegal.
This slide is in relation to the facts of the case. In this case Metro (The plaintiff) is a distributor and importer of kitchenware products. The plaintiff initiated a business of stainless steel in the year 1977. It began to purchase bowls for the defendant (Sammi) in 1978 and expanded its business in a few year towards other kitchenware.  The primary business of the plaintiff was  selling stainless steel kitchenware in 1981. The defendant is a large trading company based in Korea which deals with several steel products  and exports in other countries along with United states.  It has been alleged by plaintiff that in 1981 it had discussed the idea of a line of stainless steel steamers with the defendants.  The design was registered by the defendant. A disruption of supply had been witnessed by the plaintiff in 1983.  It is alleged by the plaintiff that defendant made attempts to block the procurement of the products by the plaintiff from other companies.  The plaintiff was however able to procure the products from another company in relation to which it did not face any disruption.
This slide is in relation to the procedural background of the case. A compliant had been filed by Metro in late 1981 in the United States District Court for the Central District of California against the defendant Sammi along with two of its American subsidiaries. Here the plaintiff had made an allegation that 13, 14, and 18) 2, 3, and 7 of the Clayton Act (15 U.S.C. §§ 1 and 2) and §§ 1 and 2 of the Sherman Act (15 U.S.C. §§ §) along with other provisions have been breached by the defendants. The case of t plaintiff against the defendant had been dismissed in the year 1984 June as the court did not have personal jurisdiction.
The district court had commenced a bench trial in the year 1986 against the two subsidiaries of the Company in America.  The essence in relation to this case against the subsidiary operations was that they had indulged in a conduct of predatory pricing having an intention of monopolizing mixing bowl and stainless steel steamer market.  In pursuant to section 41(b) of the Federal Rules of Civil Procedure a motion for involuntary dismissal had been filed by the subsidiary companies that a prima faice case had not been presented by the plaintiff.
This slide is in relation to the decision made by the court in relation to the case. In this case it had been held by the court that the summary judgment has to be provided to Sammi as it had been stated in the district count. In addition the court also affirmed the denial of the district court which had been made in relation to cross-motion for summary judgment filed by Metro.
This slide is in relation to the discussion of laws done by the court towards the case. According to 1 (1994). 15 U.S.C. § an allegation which had been made by the plaintiff that  the Korean Holloware Association registration system consist of a “naked” market division agreement and is per se illegal as per the Sherman Act. This allegation was held not to be correct by the court as it was stated that the sharman Act does not per se declare such agreement as invalid and further it cannot be established without further investigations. In addition the violation of the Sherman Act would have only been established in case the conduct which occurred outside US had significant negative impacts on the trade within US.  A case by case determination is done in situation where violation of §1 of the Sherman Act is  to be identified as stated in Business Elecs. Corp. v. Sharp Elecs. Corp., 485 U.S. 717, 723, 108 S.Ct. 1515, 1519, 99 L.Ed.2d 808 (1988).  In auditing it had been provided by the court that “Such agreements are those that always or almost always tend to restrict competition and decrease output.”
This slide is in relation to the additional information provided by the court. It was stated by the court in this case that there cannot be any conspiracy for anti-competiveness in relation to  sammi and its subsidiaries as they had common ownership and the holding of the district court the defendant had not violated Id. at 1463-64. California Unfair Trade Practices Act was correct.  The same theory had been declined by the court in Vollrath as it was not raised before the district court of Vollrath.  Only the penalty provisions of 1 § had been altered through the 1990 amendments however there was no change in relation to the language.
This slide concludes the case by stating the court had taken into consideration all legal aspects before making a correct decision in relation to the parties of the case. The court has critically analyzed all relevant laws and their interpretation in relation to the case before making the decision.
Sokol, D. D. (2014). The Transformation of Vertical Restraints: Per Se Illegality, the Rule of Reason and Per Se Legality.
Metro industries inc v. Sammi corporation no. 94-56180  decided: business-law, 1996

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