In Texaco Inc. v. Dagher et al., two oil refiners and gas suppliers, Texaco and Shell Oil, entered into a joint venture called Equilon to consolidate their operations in the western United States. Historically, Texaco and Shell were competitors, but for their joint venture they shared expenses and profits equally. The products produced by Equilon were sold under the brand names Texaco and Shell at a mutually agreed-upon price. Texaco and Shell retailers brought a class action lawsuit against the two companies, claiming there was a per se violation of the Sherman Antitrust Act because of the lack of price competition. The court held that
A. there was a per se violation because oil companies are automatically held to this standard.
B. there was a per se violation because the joint venture was plainly anticompetitive.
C. the rule of reason standard should apply because it is a joint venture and not a meeting of the minds.
D. the rule of reason standard should apply because a market analysis was relevant.
Answer: D
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