Business Competition and the Law: Everyday Trade Conditions Affected by the Anti-trust Laws |
Other editions - View all
Common terms and phrases
agents agreement alleged anti-trust act anti-trust laws attempt to monopolize brands cash registers cent Clayton Act coal tar combination commerce competing competition or tend competitors complainant concern consent decrees conspiracy consumer contract copyrighted corporation cost Court of Appeals Cream of Wheat create a monopoly customers deal dealers decision defendant company enjoined exclusive exclusive-dealer fact facturer Federal District Court Federal Trade Commission Gary Dinners glucose Government Government's illegal infringement injunction intent interest interstate trade italics added jobbers letter machines manu manufacturer manufacturer's ment patent law persons Petition was filed plaintiff plaintiffs in error popular-branded profit prosecution purchase purpose quoted refuse to sell regard resale price restrain trade restraint of trade retail salesmen sewing-machine Sherman Act sold substantially lessen competition suit Supreme Court tend to create tion Tobacco Company trade associations trust law tying-contracts unbranded United States Attorney unlawful violation York
Popular passages
Page 103 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented...
Page 84 - ... unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality...
Page 84 - Provided, That nothing herein contained shall prevent discrimination in price between purchasers of commodities on account of differences in the grade, quality, or quantity of the commodity sold, or that makes only due allowance for difference in the cost of selling or transportation, or discrimination in price in the same or different communities made in good faith to meet competition...
Page 173 - States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale or contract for sale or such condition, agreement or understanding may be to substantially lessen competition or tend to create a monopoly in...
Page 226 - I cannot believe that in the long run the public will profit by this court permitting knaves to cut reasonable prices for some ulterior purpose of their own and thus to impair, if not to destroy, the production and sale of articles which it is assumed to be desirable that the public should be able to get.
Page 183 - That any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.
Page 42 - A retail dealer has the unquestioned right to stop dealing with a wholesaler for reasons sufficient to himself, and may do so because he thinks such dealer is acting unfairly in trying to undermine his trade. "But,
Page 198 - As to this, the complainant can fare no better with its plan of identical contracts than could the dealers themselves if they formed a combination and endeavored to establish the same restrictions, and thus to achieve the same result by agreement with each other.
Page 196 - With respect to contracts in restraint of trade, the earlier doctrine of the common law has been substantially modified in adaptation to modern conditions. But the public interest is still the first consideration. To sustain the restraint, it must be found to be reasonable both with respect to the public and to the parties and that it is limited to what is fairly necessary, in the circumstances of the particular case, for the protection of the covenantee.
Page 43 - When the retailer goes beyond his personal right, and, conspiring and combining with others of like purpose, seeks to obstruct the free course of interstate trade and commerce and to unduly suppress competition by placing obnoxious wholesale dealers under the coercive influence of a condemnatory report circulated among others, actual or possible customers of the offenders, he exceeds his lawful rights, and such action brings him and those acting with him within the condemnation of the act of Congress,...