appeared as articles in the Harvard Law Review and the Cornell Law Quarterly.

For convenience in making references to my casebook on Contracts and Combinations in Restraint of Trade, the pages of the casebook are referred to enclosed in square brackets thus [-]. CHICAGO, FEB. 1, 1918.

A. M. K.

TABLE OF CONTENTS

ᏢᎪᎡᎢ 1

THE COMMON LAW

CHAPTER I

CONTRACTS TO REFRAIN FROM DOING BUSINESS OR FROM

ENTERING OR CARRYING ON AN OCCUPATION

Sec. 1. The mere contract to refrain from doing business or from

entering or carrying on an occupation.....

Sec. 2. Restrictive contracts accompanying the promisor's entry into

an apprenticeship arrangement, or made upon his entry into

the service of the promisee for the purpose of learning a

trade or business....

Sec. 3. Restrictive contracts accompanying the sale of a business,

which sale, however, is not made to a competitor.

(1) Where the restriction is not broader than the business

sold and is operative over a territory less than that

of any state where the restriction applies......

(2) Where the restriction is not broader than the business

sold but extends up to or beyond the limits of any

state where it is operative......

(3) Where the restriction is broader than the business sold

and the business sold is not co-extensive with the

boundaries of the United States......
11-14

(4) Where the business sold is co-extensive with the boun-

daries of the United States but the restriction is

world-wide

15

Sec. 4. Restrictive contracts accompanying the sale of a business to

an existing competitor where the restriction is so far lim-

ited as to be valid if the sale were not to a competitor...16, 17

Sec. 5. Restrictive contracts accompanying the combination of sev-

eral business units...

18

Sec. 6. Contracts not to carry on a business given by one in the

business to another in the business or intending to enter it.. 19-22

CHAPTER II

88

..23-25

CONTRACTS ACCOMPANYING THE SALE OF PROPERTY RE-

SERVING THE SELLER'S BUSINESS

CHAPTER III

EXCLUSIVE CONTRACTS OF SALE AND PURCHASE

.26-30

CHAPTER IV

CONTRACTS TO KEEP UP THE PRICE ON RESALE OR TO

BUY OR USE OTHER ARTICLES IN CONNECTION

WITH THOSE SOLD

Sec. 1. Contracts to keep up the price on resale...

Sec. 2. Contracts to buy or use other articles in connection with

those sold

Sec. 3. Conclusion

.31-40

.41-47
.47a-47b

Sec. 3. Combinations which have a preponderant position but no

Mogul Steamship Co. v. McGregor, Gow & Co.....

Scottish Co-operative Wholesale Society v. Glasgow Fleshers' Trade

Defense Association

93

94

95

Allen v. Flood......

96

Quinn v. Leathem.....

.. 97

Curran v. Galen, and The National Protective Association v. Cumming 98

Macauley v. Tierney....

88

..103

Brown & Allen v. Jacobs' Pharmacy Co.

...104

National Fireproofing Co. v. Mason Builders' Association....

..105

Park & Sons v. National Druggists' Association and Kingel's Phar-

macy v. Sharp & Dohme....

..106

State ex rel. Durner v. Huegin...

Tuttle v. Buck and Dunshee v. Standard Oil Co..

..107

..107a

THE DECISIONS OF THE UNITED STATES SUPREME COURT

UNDER THE SHERMAN ACT

Sec. 1. Contracts accompanying the sale of a business.

Sec. 2. Exclusive contracts of sale and purchase.

Sec. 3. Contracts to keep up the price on resale..

Sec. 4. Combinations:

Of transportation units

Of trading and manufacturing units.

Sec. 5. Competitive Methods

.113, 114

.115

..116

.117-122

.123-130

.131-136

CHAPTER IX

THE DICTA OF THE UNITED STATES SUPREME COURT....137-144