In the case of Safeway Stores, Inc. v. Oklahoma Retail Grocers Association, Inc., et al., 1958, the U.S Supreme Court ruled in favor of Safeway Stores, overturning a decision by an Oklahoma court that had upheld a state law prohibiting "loss leaders" - items sold below cost to attract customers. The plaintiff was the Oklahoma Retail Grocers Association and other independent grocers who argued that this practice used by large chain stores like Safeway constituted unfair competition under state law. However, the Supreme Court found no evidence that such practices were harmful to consumers or competition overall and thus held it unconstitutional for states to prohibit them solely on grounds of protecting small businesses from larger competitors' pricing strategies.

In the dissenting opinion for Safeway Stores, Inc. v. Oklahoma Retail Grocers Association, Inc., Justice Brennan argued that the majority's decision was inconsistent with previous rulings and failed to properly interpret the Sherman Act. He contended that there was no evidence of predatory pricing or intent to monopolize by Safeway; instead, they were simply engaging in competitive behavior which is encouraged under free market principles. Furthermore, he disagreed with the notion that a company should be penalized for its success in achieving economies of scale and passing those savings onto consumers through lower prices. In his view, this ruling would discourage competition and innovation while protecting less efficient businesses from their more successful competitors - outcomes contrary to what antitrust laws aim to achieve.