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O.K. Industries, Inc. v. Been

Certiorari Denied

Petition for certiorari denied on May 2, 2011.

Docket No.10-1065
Op. Below10th Cir.

Issue

(1) Whether a live poultry dealer controlling two percent of domestic supply, sold by competitive bid, can be proved to have injured output-market competition with a truncated competitive effects analysis of its vertical arrangements, simply because it holds a lawful monopsony where it purchases inputs; and (2) whether the Packers and Stockyards Act's prohibition of any "unfair practice" by "live poultry dealers with respect to live poultry" permits a judgment against a "live poultry dealer" for restricting output when the dealer distributed every chick that it hatched for ultimate production to the market.

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