The Supreme Court’s decision in Case 25-3 had a significant impact on the standard by which vertical territorial and consumer restraints are judged. The Supreme Court overturned the per se standard...

The Supreme Court’s decision in Case 25-3 had a significant impact on the standard by which vertical territorial and consumer restraints are judged. The Supreme Court overturned the per se standard set out in the Schwinn case. The Court’s decision, however, is not arbitrary.The Justices attempted to provide sound reasoning for their decision to move away from the precedent established in the case—but before we can evaluate the soundness of the Supreme Court’s argument, we must first find the argument. The following questions highlight the crucial steps prior to evaluation of an argument: finding the issue, conclusion, and reasons.

1. State the issue in Case 25-3 in question form. What is the Court’s conclusion? Clue: Remember that the issue is the primary question that a court is addressing. The conclusion is the court’s response to the issue.

 2. What reasons does the Court provide for its conclusion? Clue: In Case 25-3, the reasons answer the question, “Why did the Court overturn the per se standard?”