In the case of Norfolk Monument Co., Inc. v. Woodlawn Memorial Gardens, Inc., et al., 1968, the Supreme Court addressed a dispute between a monument company and a cemetery corporation over an exclusive dealing agreement that allegedly violated antitrust laws. The plaintiff, Norfolk Monument Company (NMC), accused Woodlawn Memorial Gardens (WMG) of entering into an illegal contract with another monument company to exclusively sell their monuments in WMG's cemeteries - effectively barring NMC from selling its products there. The court ruled in favor of WMG stating that this arrangement did not violate any antitrust laws as it didn't restrain trade or commerce among states nor did it monopolize or attempt to monopolize any part thereof which is prohibited by Sherman Act Section 2.

In the dissenting opinion for Norfolk Monument Co., Inc. v. Woodlawn Memorial Gardens, Inc., Justice Harlan argued that the majority's decision to uphold a Virginia law prohibiting out-of-state corporations from selling cemetery monuments within the state was inconsistent with previous rulings on interstate commerce and violated constitutional principles of equal protection under the Fourteenth Amendment. He contended that there was no substantial reason why an out-of-state corporation should be treated differently than an in-state one when it comes to selling cemetery monuments, as both types of businesses engage in essentially identical activities. Furthermore, he pointed out that this discriminatory treatment could not be justified by any legitimate local interest or public policy objective since it only served to protect local monument dealers from competition rather than promoting consumer welfare or protecting public health and safety.