United States v. Brown & Tobey
United States Court of Appeals for the Ninth Circuit
925 F.2d 1182 (1991)
- Written by Sharon Feldman, JD
Facts
Brown and Tobey (defendants) were senior executives of two large billboard advertising companies (defendants) that agreed to refrain from bidding on each other’s former billboard sites for one year after a site was lost, and to notify each other when a new billboard site was leased, or a billboard was removed from a site. The United States (plaintiff) charged Brown, Tobey, and the two companies with conspiring to suppress competition for billboard sites in violation of the Sherman Antitrust Act. At trial, subordinates of Brown and Tobey testified about discussions they had with Brown or Tobey, and discussions between Brown and Tobey, regarding violations of the agreement. Brown and Tobey were convicted after trial and argued on appeal that the jury instruction regarding their liability for the illegal conduct of subordinates was erroneous because the instruction allowed conviction based on mere knowledge of wrongdoing by others.
Rule of Law
Issue
Holding and Reasoning (Fletcher, J.)
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