Duncan v. Brondes Ford Sales, Inc.

How later courts describe this case

• violation is “agreement to fix the price to be charged in transactions with third parties, not between the contracting parties themselves”
• the per se rule applies to “an agreement to fix the price to be charged in transactions with third parties, not between the contracting parties themselves”
• sexual assault by security guard while at work not within scope of guard’s employment
• the per se rule applies to “an agreement to fix the price to be charged in transactions with third parties, not between the contrasting parties themselves”
• “The price-fixing within the scope of the per se prohibition of Section 1 of the Sherman Act, however, is an agreement to fix the price to be charged in transactions with third parties, not between the contracting parties themselves”