The following excerpt is from Knutson v. Daily Review, Inc., 548 F.2d 795 (9th Cir. 1976):
19 In another case we employed another corollary of the assumption of profit-maximizing behavior. In Gray v. Shell Oil Co. (9th Cir. 1972) 469 F.2d 742, gasoline distributors claimed that the oil company's control over retail prices prevented them from raising their prices and realizing a higher profit. Citing evidence that dealer price hikes had resulted in a decrease in profits, the court held that the fact of damage was not proven. (469 F.2d at 749-50.)
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