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United States v. Brent Brewbaker

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-4544 · judgment December 1, 2023


Certiorari denied · November 12, 2024
Pre-decision estimate: 35% cert probability (95% interval 25%–47%)

Before the decision, about 8.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a circuit split argued in the petition.

Question presented

Under Section 1 of the Sherman Act, 15 U.S.C. 1, a horizontal agreement to rig bids is a per se unlawful restraint of trade. Respondent was indicted and convicted for violating Section 1 by participating in such an agreement. The question presented is as follows: Whether the existence of a vertical relationship between the competing bidders precluded the application of the established per se rule against horizontal bid rigging to respondent’s conduct. (I)

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
Elliot Sol Abrams
Cheshire Parker Schneider, PLLC

Case

Conference history
Distributed for 1 conference

Related
Vide, 24-124

Linked docket
23A965

Proceedings

  1. Nov 12 2024
    Petition DENIED.
  2. Oct 23 2024
    DISTRIBUTED for Conference of 11/8/2024.
  3. Oct 23 2024
    Reply of petitioner United States filed. (Distributed)
  4. Oct 03 2024
    Brief of respondent Brent Brewbaker in opposition filed.
  5. Aug 28 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including October 3, 2024.
  6. Aug 27 2024
    Motion to extend the time to file a response from September 3, 2024 to October 3, 2024, submitted to The Clerk.
  7. Jul 29 2024
    Motion to extend the time to file a response is granted and the time is extended to and including September 3, 2024.
  8. Jul 26 2024
    Motion to extend the time to file a response from August 1, 2024 to September 3, 2024, submitted to The Clerk.
  9. Jun 28 2024
    Petition for a writ of certiorari filed. (Response due August 1, 2024)
  10. May 31 2024
    Application (23A965) granted by The Chief Justice extending the time to file until July 12, 2024.
  11. May 29 2024
    Application (23A965) to extend further the time from June 14, 2024 to July 12, 2024, submitted to The Chief Justice.
  12. Apr 29 2024
    Application (23A965) granted by The Chief Justice extending the time to file until June 14, 2024.
  13. Apr 26 2024
    Application (23A965) to extend the time to file a petition for a writ of certiorari from May 15, 2024 to June 14, 2024, submitted to The Chief Justice.