Evergreen Partnering Group, Inc. v. Pactiv Corp.

(1) Whether Eastman Kodak Industry Co. v. Image Technical Services, Inc.'s Rule 56 standard or the more stringent "tends to exclude the possibility of independent action" standard articulated in Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp. applies where the alleged conduct, unlike in Matsushita, is not inherently pro-competitive and is not economically or otherwise irrational; and (2) whether the U.S. Court of Appeals for the 1st Circuit improvidently applied the heightened "tends to exclude" test to the petitioner's concerted refusal to deal claim, in circumstances in which it is not warranted, and thus erroneously denied the plaintiff its right to have its case heard by the trier of fact.