Arizona v. Maricopa County Medical Society
In Arizona v. Maricopa County Medical Society, 457 U.S. 332, 102 S.Ct. 2466, 73 L.Ed.2d 48 (1982), the Court refused to withdraw maximum price fixing from the per se rule.
Our decisions foreclose the argument that the agreements at issue escape per se condemnation because they are horizontal and fix maximum prices. Kiefer-Stewart and Albrecht place horizontal agreements to fix maximum prices on the same legal--even if not economic--footing as agreements to fix minimum or uniform prices. The per se rule "is grounded on faith in price competition as a market force and not on a policy of low selling prices at the price of eliminating competition." (Id. at 348, 102 S.Ct. at 2475.)