Who should prevail in given contention and why

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Reference no: EM131390674

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?

Reference no: EM131390674

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