06-08-2012, 09:21 AM | #76 | ||
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Now people can repeat ad nauseam about what the courts should be looking at, and ascribe any kind of motives to me, but what they can't say is that I am wrong on the law. Because I'm not wrong. There is a reason why the best legal talent the defense can buy make arguments other than collusion. Because they know the law, and they're not wrong either. Now Canadian law may be different. May be the law there is that the courts will look only on the issue of collusion, and I bow to your superior expertise there. But US law is different. THE END. |
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06-08-2012, 09:33 AM | #77 | |
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06-08-2012, 09:34 AM | #78 |
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06-08-2012, 09:54 AM | #79 |
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06-08-2012, 10:09 AM | #80 | |
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06-08-2012, 10:16 AM | #81 | ||
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06-08-2012, 10:26 AM | #82 |
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I'm sorry... I wasn't aware that you'd actually made an argument. I thought you were simply declaring a complete and incontrovertible understanding of US case law and how it applies to this particular case... which deserves mocking (whether it comes from you, me or the lawyer next door quoting Shatzkin's quotes of previous cases).
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06-08-2012, 10:35 AM | #83 | ||
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Defense counsel, however, can make that argument and they would be crazy not to. After all, its a very corporate friendly court. You have to be realistic about these things, and there aren't nine consumer advocates sitting up there. From the holding: Quote:
Are non -collusion defense arguments inappropriate or hopeless? I think not. Last edited by stonetools; 06-08-2012 at 10:53 AM. |
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06-08-2012, 10:39 AM | #84 | |
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Prior to 2007, vertical price fixing was per se illegal as well-until this SCOTUS agreed with the defense. |
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06-08-2012, 11:33 AM | #85 | ||
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06-08-2012, 11:44 AM | #86 | |
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And with respect to your scholarly knowledge of U.S. laws, note that Canadian law and American law are generally very similar as both countries use the Common Law system (well, Quebec uses French Civil Law, but that's an annoyance for another day), they differ mainly in the specifics. I would suggest that this thread probably isn't the place to start a conversation about the rules of precedent, what is or isn't obiter and and the merits of the Wikipedia article you cited. Oh, and since we're declaring ourselves to be expert in things - I'm now a doctor. Last edited by Ninjalawyer; 06-08-2012 at 11:46 AM. |
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06-08-2012, 12:07 PM | #87 |
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Its the other folks-the folks who insist that the courts do or should ONLY look at whether there was collusion and that there are no exceptions to that rule -who are being dogmatic and claiming an expertise they don't have.I'm claiming no expertise-I'm just being open minded and noting that there is room for debate and arguments for other than collusion. .
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06-08-2012, 12:18 PM | #88 |
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06-08-2012, 12:26 PM | #89 | ||
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Here is what one expert says: Quote:
That seems to me to go beyond an issue of "just collusion"-way beyond. And it doesn't even the address the issue of whether there is a legal justification if collusion is proved-the Leggit argument. The point is that this is not just a simple "Was there proof of collusion" case. I'm saying that not because I'm an expert-I'm not. I'm saying that because the experts are saying that -and I'm reading what they're saying. |
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06-08-2012, 12:42 PM | #90 | |
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We know agency pricing is not per se illegal.
The question is whether there was collusion or not, or in the words you quotes: Quote:
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