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Note:

Antitrust—Agricultural Cooperatives—The Clayton Act and the Capper-Volstead Act Immunize the Concerted Price-Bargaining Activities of Two agricultural Cooperatives from Antitrust Liability: Treasure Valley Potato Bargaining Association v. Ore-Ida Foods, Inc., 497 F.2d 203 (9th Cir.), cert. Denied, 95 S. Ct. 314 (1974), 53 Texas L. Rev. 840 (1975).

In an action arising from the negotiation of preseason contracts for the sale of potatoes, plaintiff growers charged defendant processing firms with agreeing to fix preseason contract prices and with monopolizing or attempting to monopolize the relevant market in violation of sections 1 and 2 of the Sherman Act.  Defendants counterclaimed that the growers’ bargaining associations, in their tacit agreement to seek similar prices, had combined and conspired in restraint of trade.  Dismissing the processors’ counterclaim, the district court ruled that Treasure Valley and Malheur Potato Bargaining Associations had not violated Sherman Act proscriptions.  Affirmed.  The Clayton Act and the Capper-Volstead Act immunize from antitrust liability an agreement between agricultural cooperatives to seek similar prices in contract negotiations.