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action added affirmed agents agree agreement alleged anti-trust laws appeal association attempt brands charging Circuit Court Clayton Act combination commerce Company competing competition competitors complainant concern condition conspiracy consumer continue contract corporation cost course Court of Appeals customers damages deal dealers decision decree defendants direct discussion distribution effect enjoined entered evidence exclusive fact facturer Federal District Court force glucose Government held individual infringement intent interest issue jobbers Judge kind letter license lists Lumber machines maintain manu manufacturer manufacturer's March means ment methods monopoly names officers patent persons Petition was filed plaintiff practically prevent price-cutting profit protect purchase question quoted reason refuse regard respect restraint restraint of trade restriction result retail sell sold suit supply Supreme Court things tion trade trial United unlawful violation wholesalers
Side 105 - 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...
Side 86 - 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: And provided further.
Side 175 - 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...
Side 228 - 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.
Side 185 - 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.
Side 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,
Side 200 - 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.
Side 138 - Unless they entered the combination they could obtain no enameled ware from any manufacturer who was in the combination, and the condition of entry was not to resell to plumbers except at the prices determined by the manufacturers. The trade was, therefore, practically controlled from producer to consumer, and the potency of the scheme was established by the co-operation of 85 per cent. of the manufacturers, and their fidelity to it was secured not only by trade advantages, but by what was practically...