Skip to content
Back to judgment

Citation network

Fisher Vs. City of Berkeley

Cites for this judgment

  • US Supreme Court
  • Feb 26, 1986

Citation network · 7-day free trial

Brief every cited case in minutes

Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

73 entries 73 unlinked
Show
  1. Fisher v. City
    Search
  2. of Berkeley - 475 U.S. 260 (1986) U.S. Supreme Court Fisher v. City
    Search
  3. of Berkeley, 475 U.S. 260 (1986) Fisher v. City
    Search
  4. by the California Court of Appeal. In the meantime, based on the intervening decision in Community Communications Co. v. Boulder
    Search
  5. places complete control over maximum rent levels exclusively in the Rent Stabilization Board's hands. Schwegmann Bros. v. Calvert
    Search
  6. Distillers Corp., 341 U. S. 384 , and California Retail Liquor Dealers Assn. v. Midcal
    Search
  7. by the Court of Appeal. While that appeal was pending, however, this Court's decision in Community Communications Co. v. Boulder
    Search
  8. Cal.3d at 660, 693 P.2d at 275 (quoting First American Title Co. v. South
    Search
  9. of the Sherman Act. See Rice v. Norman
    Search
  10. per se rules and the rule of reason, see Page 475 U. S. 264 National Society of Professional Engineers v. United
    Search
  11. may often be to tamper with free markets, correcting their failures and aiding their victims, this Court noted in Rice v. Norman
    Search
  12. id. at 458 U. S. 659 . See Exxon Page 475 U. S. 265 Corp. v. Governor
    Search
  13. As in other preemption cases, the analysis is the same for the acts of both levels of government. See, e.g., White v. Massachusetts
    Search
  14. under Rice may nonetheless survive if it is found to be state action immune from antitrust scrutiny under Parker v. Brown
    Search
  15. The ultimate source of that immunity can be only the State, not its subdivisions. See Community Communications Co. v. Boulder
    Search
  16. Lafayette v. Louisiana
    Search
  17. has been one of the settled points of antitrust enforcement since the earliest days of the Sherman Act, see Arizona v. Maricopa
    Search
  18. United States v. Socony-Vacuum
    Search
  19. reasonable prices out of solicitude for the welfare of their tenants. See National Society of Professional Engineers v. United
    Search
  20. United States v. Trans-Missouri
    Search
  21. Copperweld Corp. v. Independence
    Search
  22. distinguished from a concerted effort by more than one entity to fix prices or otherwise restrain trade, Monsanto Co. v. Spray-Rite
    Search
  23. United States v. Parke
    Search
  24. of a particular rent ceiling, it may decide not to. There is no meeting of the minds here. See American Tobacco Co. v. United
    Search
  25. in that nonmarket mechanisms merely enforce private marketing decisions. See Rice v. Norman
    Search
  26. Indeed, this Court has twice found such hybrid restraints to violate the Sherman Act. See Schwegmann Bros. v. Calvert
    Search
  27. California Retail Liquor Dealers Assn. v. Midcal
    Search
  28. the Sherman Act, we cannot say that the Ordinance is facially inconsistent with the federal antitrust laws. See Rice v. Norman
    Search
  29. violations, they would be exempt under the state action doctrine from antitrust scrutiny. See Hallie v. Eau
    Search
  30. the inquiry demanded by appellants' allegations goes beyond the scope of the facial challenge presented here. See Rice v. Norman
    Search
  31. exemption of Parker v. Brown
    Search
  32. exemption removes the conduct from the coverage of the antitrust laws. Hallie v. Eau
    Search
  33. Community Communications Co. v. Boulder
    Search
  34. U.S. at 471 U. S. 43 . See also Lafayette v. Louisiana
    Search
  35. froze rents at 1971 levels, subject to individual adjustments by a popularly elected rent control board. Birkenfeld v. City
    Search
  36. that charter amendments be approved by concurrent resolution of both houses of the state legislature. Birkenfeld v. City
    Search
  37. Birkenfeld, supra, at 171, 172, 550 P.2d at 1031, 1032. JUSTICE BRENNAN, dissenting. Since Parker v. Brown
    Search
  38. or implementation of clearly articulated and affirmatively expressed state policy. See Community Communications Co. v. Boulder
    Search
  39. Ordinance (hereafter Ordinance) effectively fixes prices for rental units in the city of Berkeley. In Rice v. Norman
    Search
  40. Act because they eliminated price competition in the relevant market. In California Retail Liquor Dealers Assn. v. Midcal
    Search
  41. Ibid. (quoting Dr. Miles Medical Co. v. John
    Search
  42. D. Park & Sons Co., 220 U. S. 373 , 220 U. S. 408 (1911)). Schwegmann Bros. v. Calvert
    Search
  43. Monsanto Co. v. Spray-Rite
    Search
  44. s conclusion that any resulting price restraints did not necessarily result from collective action. Cf. Monsanto Co. v. Spray-Rite
    Search
  45. that Congress has not enacted such a broad antitrust exemption for municipalities. See Community Communications Co. v. Boulder
    Search
  46. the California Supreme Court's decision in Birkenfeld v. City
    Search
  47. that this purely pro forma approval would qualify the amendment for the Parker exemption. See Cantor v. Detroit
    Search
  48. of these statutory obligations, see Hallie v. Eau
    Search
  49. U.S. Supreme Court Fisher v. City
    Search
  50. Schwegmann Bros. v. Calvert
    Search

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial