The Anti-trust Laws with Special Reference to the Mennen Co. Decision, the Hardwood Limber Decision and the Edge Resolution

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Beacon Press, 1922 - 31 sider

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Side 17 - That it shall be 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...
Side 10 - Nor can they be evaded by good motives. The law is its own measure of right and wrong, of what it permits, or forbids, and the judgment of the courts cannot be set up against it in a supposed accommodation of its policy with the good intention of parties, and it may be, of some good results.
Side 24 - ... that which will obviously prove profitable that this reiterated opinion from the analyst of their association, with all obtainable data before him, that higher prices were justified and could easily be obtained, must, inevitably have resulted, as it did result, in concert of action in demanding them. But not only does the record thus show a persistent purpose to encourage members to unite in pressing for higher and higher prices, without regard to cost, but there are many admissions by members,...
Side 24 - harmonious" individual action among a large number of naturally competing dealers with respect to the volume of production and prices, without having any specific agreement with respect to them, and to rely for maintenance of concerted action in both respects, not upon fines and forfeitures as in earlier days, but upon what experience has shown to be the more potent and dependable restraints, of business...
Side 8 - It can never, in their Lordships' opinion, be of real benefit to the consumers of coal that colliery proprietors should carry on their business at a loss, or that any profit they make should depend on the miners' wages being reduced to a minimum. Where these conditions prevail, the less remunerative collieries will be closed down, there will be great loss of capital, miners will be thrown out of employment, less coal will be produced, and prices will consequently rise until it becomes possible to...
Side 24 - Plan' is, essentially, simply an expansion of the gentleman's agreement of former days, skilfully devised to evade the law. To call it open competition because the meetings were nominally open to the public, or because some voluminous reports were transmitted to the Department of Justice, or because no specific agreement to restrict trade or fix prices is proved, cannot conceal the fact that the fundamental purpose of the 'Plan...
Side 27 - ... these conditions prevail, the less remunerative collierie^s will be closed down, there will be great loss of capital, miners will be thrown out of employment, less coal will be produced and prices will consequently rise until it becomes possible to reopen the closed collieries or open other seams. The consumers of coal will lose in the long run if the colliery proprietors do not make fair profits or the miners do not receive fair wages. There is in this respect a solidarity of interest between...
Side 9 - And it is argued that the main purpose of this agreement being to increase the trade of the parties, to enhance competition in a larger field, and improve the character of the product, these objects are beneficial to the public, as well as to the private parties, lawful in their scope and purpose, and justifying the indirect and partial restraint of trade involved in the execution of the agreement. The argument here advanced would be available to nearly every combination of this kind. Wider markets...
Side 13 - ... no man can overstate what the effect would have been upon our country. If the case had been decided the other way and men had been left free, through corporate organization, to combine the other great transportation lines of the country and other great departments of business, it seems very clear that our free institutions would long ere this have been subjected to a test of strength and endurance to which every patriot must hope they may never be exposed.
Side 6 - Those which are themselves engaged in trade, like ordinary joint-stock companies, or which result from the combination of firms or individuals in the same or connected trades, for the purpose of facilitating or restricting production, limiting competition, regulating prices, &c.

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