Trade Associations: Their Economic Significance and Legal Status |
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action adopted advertising agency agreement American anti-trust laws appears arbitration arrangement asso basis Board of Trade Bureau business standards buyers Cement Chamber character ciation Clayton Act co-operation co-operative combination commerce committee common Company competitive process competitors concerns conduct constitute consumers contract corporation cost accounting dealers decree defendants doctrine economic effect efforts enterprise essential established exchange F. T. C. Dec Federal Trade Commission function Grantor Ibid individual interchange interests involved Jobbers joint labor letters patent licenses Lumber Manufacturers Maple Flooring ment methods monopoly National Association open-price operation organization parties Portland Cement practice production prohibitions public policy purchases purpose regulation Report restraint of trade restrict Retail rule of reason rules sellers selling Sherman Act standard statistical status Supreme Court tend tion trade association activity U. S. District Court uniform United unlawful Waters-Pierce Oil Co Wholesale
Popular passages
Page 128 - 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 48 - Every agreement concerning trade, every regulation of trade, restrains. To bind, to restrain, is of their very essence. The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition.
Page 37 - Doubtless the power to control the manufacture of a given thing involves in a certain sense the control of its disposition, but this is a secondary and not the primary sense; and although the exercise of that power may result in bringing the operation of commerce into play, it does not control it, and affects it only incidentally and indirectly. Commerce succeeds to manufacture, and is not a part of it.
Page 48 - To determine that question the court must ordinarily consider the facts peculiar to the business to which the restraint is applied; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable. The history of the restraint, the evil believed to exist, the reason for adopting the particular remedy, the purpose or end sought to be attained, are all relevant facts.
Page 128 - ... 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 any line of commerce.
Page 72 - The argument that the course pursued is necessary to the protection of the retail trade and promotive of the public welfare in providing retail facilities is answered by the fact that Congress, with the right to control the field of interstate commerce, has so legislated as to prevent resort to practices which unduly restrain competition or unduly obstruct the free flow of such commerce, and private choice of means must yield to the national authority thus exerted.
Page 37 - Aside from the provisions applicable where congress might exercise municipal power, what the law struck at was combinations, contracts and conspiracies to monopolize trade and commerce among the several states or with foreign nations ; but the contracts and acts of the defendants related exclusively to the acquisition of the Philadelphia refineries and the business of sugar refining in Pennsylvania, and bore no direct relation to commerce between the states or with foreign nations.
Page 137 - The agreements clearly, therefore, transcended what was necessary to protect the use of the patent or the monopoly which the law conferred upon it.
Page 42 - Again, all the authorities agree that in order to vitiate a contract or combination it is not essential that its result be a complete monopoly. It is sufficient if it really tends to that end and to deprive the public of the advantages which flow from a free competition.
Page 44 - When, therefore, the body of an act pronounces as illegal every contract or combination in restraint of trade or commerce among the several states, etc., the plain and ordinary meaning of such language is not limited to that kind of contract alone which is in unreasonable restraint of trade, but all contracts are included in such language and no exception or limitation can be added without placing in the act that which has...