In U.S. v. Appalachian Coals, Inc. (1 F.Supp. 339 [1932]) the district court held that it was illegal per se for an agent to sign 137 exclusive contracts for all the coal sold by mines that had produced 74% of the coal produced by non-captive mines in the “Appalachian territory” (which the district court defined to be 24 counties in Virginia, West Virginia, Kentucky, and Tennessee).(7) However, the Supreme Court dismissed the complaint against Appalachian Coals, overruling the district court. Since then, the scholarly consensus has been that Appalachian Coals was a temporary Depression era loss of faith in free markets in which the Court endorsed a price-fixing cartel, abandoning the per se rule against price-fixing until it came to its senses in Socony and effectively overturned its endorsement of price-fixing.
Ama v Kofi
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