Court : US Supreme Court
..... in the light of this history, to attribute to congress an intent to repeal legislation which has had a definite and well understood scope and effect for decades past, by resurrecting a rejected construction of the clayton act and extending a policy strictly limited by the congress itself in the norris-laguardia act, seems to me a usurpation by the courts of the function of the congress not only novel, but fraught, as well, with the most ..... the norris-laguardia act removed the fetters upon trade union activities, which, according to judicial construction, 20 of the clayton act had left untouched, by still further narrowing the circumstances under which the federal courts could grant injunctions in labor disputes ..... [ footnote 2/4 ] upon the fullest consideration, this court reached the conclusion that the provisions of section 20 of the clayton act governed not the substantive rights of persons and organizations, but merely regulated the practice according to which, and the conditions under which, equitable relief might be granted in suits of this ..... there is no profit in discussing those cases under the clayton act which were decided before the courts were furnished the light shed by the norris-laguardia act on the nature of the industrial conflict ..... in so far as the clayton act is concerned, we must therefore dispose of this case as though we had before us precisely the same conduct on the part of the defendants in pressing claims against anheuser-busch for increased page 312 u. s .....
Tag this Judgment!Court : US Supreme Court
..... that, as to the alleged violations of 1 and 2 of the sherman act, the evidence failed to establish the existence of a conspiracy or combination, and that, though there was proof of price discrimination violative of 2(a) of the clayton act by four of the defendants, [ footnote 3 ] a prior decree in a private antitrust action brought by a competitor dairy company enjoined the conduct in question and made it "useless" to award the government an injunction. ..... court dismissed the complaint, holding that, as to the alleged sherman act violations, the evidence failed to establish the existence of a conspiracy, and that, though there was proof of price discrimination violative of the clayton act by certain of the defendants, a prior decree of that court in a private antitrust suit by a competitor enjoined the conduct in question and made it "useless" to award the government an injunction. ..... the judgment of dismissal as to the sherman act allegations is affirmed; as to the clayton act allegations, the case is remanded to the district court for further consideration, and such further proceedings as may be necessary, in accordance with this ..... even assuming error in each of the challenged rulings, it does not appear that admission of the evidence in question would have been sufficient to change the conclusion that the government had not established a case under the sherman act; hence, the rulings cannot be said to have affected substantial rights of the parties within the meaning of 28 u.s.c. .....
Tag this Judgment!Court : US Supreme Court
..... to purchases by state agencies is relatively small; [ footnote 30 ] (iii) respondents cite no court of appeals decision that has expressly adopted their interpretation of 2 before the decision below; (iv) some of the district court cases upon which respondents rely are simply inapposite; [ footnote 31 ] (v) it is not clear that any published district court opinion has relied solely on a state purchase exemption to dismiss a robinson-patman act claim alleging injury ..... [ footnote 13 ] indeed, the house and senate committee reports specifically state that "[t]he special definitions of section 1 of the clayton act will apply without repetition to the terms concerned where they appear in this bill, since it is designed to become by ..... may concede that most of these cases do not focus on the precise situation of purchases by state or local governments for resale, they nonetheless reflect the consensus of judicial opinion that governmental bodies are not subject to liability under 2 of the clayton act, as amended by the ..... scope of the remedies provided by the antitrust laws") (applying sherman act cases to construe clayton act); mandeville island farms, inc. v. ..... (1978), as a case in which the court applied sherman act cases to construe the clayton act, which the ..... these cases uniformly holding states to be included in the word "persons," because none has held "that states or local governments are persons for purposes of exposure to liability as purchasers under the provisions of the clayton act .....
Tag this Judgment!Court : US Supreme Court
..... ftc's authority to issue such "cease and desist" orders, this court -- speaking through justice mcreynolds, who had served as president wilson's chief antitrust enforcement officer at the time the clayton act was framed -- had no difficulty finding that the continuing ownership of stock unlawfully acquired was itself a continuing violation of the act: "the order here questioned was entered when respondent actually ..... appeals reasoned that its own prior decisions established both " that divestiture is not an available remedy in private actions under 16 of the clayton act'" and that "section 16 does not permit indirect divestiture, that is, an injunction which on its face does not order divestiture ..... term "divestiture," congress could and did recognize the appropriateness of a divestiture remedy in merger cases: 11 of the clayton act expressly authorizes the ftc to order a defendant corporation to "divest itself of the stock ..... iv our conclusion that a district court has the power to order divestiture in appropriate cases brought under 16 of the clayton act does not, of course, mean that such power should be exercised in every situation in which the ..... wrote in the du pont case: "divestiture or dissolution has traditionally been the remedy for sherman act violations whose heart is intercorporate combination and control, and it is reasonable to think immediately of the same remedy when 7 of the clayton act, which particularizes the sherman ..... in a case raising both sherman act and clayton act claims). .....
Tag this Judgment!Court : US Supreme Court
..... the duplex company contends that 20 of the clayton act does not apply to the case at bar, because it is restricted to cases "between an employer and employees, or between employers and employees, or between employees or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment," whereas the case at bar arises between an employer in michigan and workingmen in new york not in its employ, and does not involve their conditions of employment ..... reaching the conclusion, as we do, that complainant has a clear right to an injunction under the sherman act as amended by the clayton act, it becomes unnecessary to consider whether a like result would follow under the common law or local statutes, there being no suggestion that relief thereunder could be broader than that to which complainant is entitled under ..... upon the question whether the provisions of the clayton act forbade the grant of an injunction under the circumstances of the present case, the circuit court of appeals was divided, the majority holding that, under section 20, "perhaps in conjunction with section 6," there could be no injunction ..... the first paragraph of 20 of the clayton act -- which provides that injunctions shall not be granted in any case between an employer and employees, etc. ..... in the case of the clayton act, the printed committee reports are not explicit with respect to the meaning of the "ceasing to patronize" clause of what is now .....
Tag this Judgment!Court : US Supreme Court
..... the united states filed a complaint in the district court for the northern district of georgia, alleging that the five acquisitions approved by the fdic would violate 7 of the clayton act and that the ongoing correspondent associate relationships between c&s; and the six 5-percent banks which it had originally sought to acquire constituted unreasonable restraints of trade, in violation ..... brought suit in district court for injunctive relief, alleging that the five acquisitions would lessen competition in relevant banking markets in violation of 7 of the clayton act, and that the historic de facto branch relations between c&s; and the six 5-percent banks constituted unreasonable restraints of trade in violation of 1 ..... 100 iii the issues under the sherman and clayton acts it is common ground in this case that the 5-percent banks have been operated from the outset substantially as de facto branches of c&s;, even though they are ..... 653 : "in the last analysis, one's view of this case, and the rules one devises for assessing whether this merger should be barred, turns on the policy of 7 of the clayton act to bar mergers which may contribute to further concentration in ..... cases brought under the clayton act, there is a " convenience and needs' defense" that "comes into play only after a district court has made a de novo determination of the status of a bank merger under the clayton ..... clayton act the court concedes that, under our prior decisions, the government has established a prima facie case .....
Tag this Judgment!Court : US Supreme Court
..... (d) nothing in the language or legislative history of the 1955 amendment to the sherman act, increasing the penalty for violation thereof from $5,000 to $50,000 without making a corresponding increase in the $5,000 penalty under the clayton act, indicates that congress intended to restrict the applicability of the increased fine to corporations. p. ..... he suggests that the dearth of cases on this point reflects the belief on the part of corporate officers that, because of the identical penalties of the clayton act, the successful challenge to a sherman act indictment would be an academic victory ..... 415 the cases subsequent to the clayton act reveal an understanding in accord with our own ..... from this premise, he argues that, since 14 of the clayton act applies only to an officer acting in a representative capacity, 1 of the sherman act only applies to an officer acting on his own ..... government continued to seek indictments of corporate officers under the sherman act, not the clayton act, and many convictions were obtained. ..... [ footnote 1 ] in the government's brief, the solicitor general cites 40 cases in which corporate officers were indicted under the sherman act between 1890 and 1914 ..... , 6 f.2d 40 (d.c.n.d.ohio), holding that nothing in 14 of the clayton act altered the existing liability for prosecution of all officers who participate in the violation of the sherman ..... the appellee does not call to our attention any case during this time in which the contention he now makes was successfully .....
Tag this Judgment!Court : US Supreme Court
..... the commission under no circumstances could compel the sale of physical property, and there was in fact a clear intimation in the opinion that, under 7 of the clayton act, the acquisition of the property after a complaint had been filed against the corporation for illegal stock purchases would not find the commission powerless. ..... the commission had exceeded its authority so far as the property was concerned, the court expressly limited its consideration to the grant of power under 7 and 11 of the clayton act, 11 in terms authorizing the commission to make an order "requiring such person to cease and desist from such violations, and divest itself of the stock held . ..... in the thatcher and swift cases considered in that opinion, the stock of competing corporations had been acquired in violation of 7 of the clayton act, which prohibits the acquisition by one corporation of the capital stock of another "where the effect of such acquisition may be ..... in that case, it was held that, although the commission, having been granted specific authority by 11 of the clayton act [ footnote 2 ] to require a corporation that had acquired the stock of a competitive corporation in violation of law "to cease and desist from such violations, and divest itself of the stock held," might ..... case, the clayton act prohibits only the acquisition of stock, and not the assets, of the competing corporation, and in terms merely authorizes an order requiring the corporation "to cease and desist from such violations .....
Tag this Judgment!Court : US Supreme Court
..... 656 appeal from the united states district court for the district of connecticut syllabus the united states brought this civil antitrust action under 7 of the clayton act challenging a proposed consolidation between the connecticut national bank (cnb) and the first new haven national bank (fnh), which are, respectively, the fourth and eighth largest commercial ..... [ footnote 14 ] the district court also concluded that, assuming, arguendo, that the consolidation violated the clayton act, it nonetheless met the standards of the "convenience and needs" test of the bank merger act of ..... the local character of the great majority of commercial bank activities, philadelphia national bank indicated that the relevant geographic market in bank merger cases must be drawn narrowly to encompass the area where "the effect of the merger on competition will be direct and immediate." id. ..... we have held today in the marine bancorporation case, these and analogous factors are the appropriate considerations to take into account in determining the legality under 7 of the clayton act of geographic market extension mergers by commercial ..... nothing in this court's past cases on mergers under clayton 7 which requires this result. ..... speculative to establish a case under the clayton act. ..... as a matter of law in concluding that the absence of a "line of commerce" phrase in the bank merger act of 1966 alters traditional standards under 7 of the clayton act for defining the relevant product market in a bank merger case. .....
Tag this Judgment!Court : US Supreme Court
..... 471 and as late as gulf offshore, we have said that the exclusion of concurrent state jurisdiction could be achieved by implication, the only cases in which to my knowledge we have acted upon such a principle are those relating to the sherman act and the clayton act -- where the full extent of our analysis was the less than compelling statement that provisions giving the right to sue in united states district court "show that [the right] ..... petitioners' fears, we have full faith in the ability of state courts to handle the complexities of civil rico actions, particularly since many rico cases involve asserted violations of state law, such as state fraud claims, over which state courts presumably have greater expertise. ..... 143 , are distinguished, since those cases looked to the clayton act in interpreting rico without the benefit of a background juridical presumption of the type ..... petitioners' argument that, because congress modeled 1964(c) after 4 of the clayton act -- which confers exclusive jurisdiction on the federal courts -- it intended, by implication, to grant exclusive federal jurisdiction over 1964 ..... in the instant case, the lack of any indication in rico's legislative history that congress either considered or assumed that the importing of remedial language from the clayton act into rico had any ..... both sedima and agency holding we looked to the clayton act in interpreting rico without the benefit of a background juridical presumption of the type present in this case. .....
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