Court : US Supreme Court
..... 373 certiorari to the united states court of appeals for the seventh circuit syllabus a private cause of action under 4 and 16 of the clayton act, as amended, does not lie for sales at unreasonably low prices for the purpose of destroying competition or eliminating a competitor, which are forbidden only by 3 ..... act can be regarded as an amendment to the sherman act or the wilson tariff act, the precise issue before us is whether congress made that section of the robinson-patman act a part of the clayton act, thus making it one of the "antitrust laws" whose violation can lead to the private causes of action authorized by 4 and 16. ..... are both criminally punishable (under 3 of the robinson-patman act) and subject to civil redress (under 2 of the clayton act), selling "at unreasonably low prices" is subject only to the criminal penalties provided in 3 of the robinson-patman act ..... between the price discrimination clauses of 3 of the robinson-patman act ( see note 1 supra ) and those of 2 of the clayton act, as amended by the first section of the robinson-patman act, [ footnote 6 ] it is argued that it would be anomalous to allow a private cause of action for price discrimination in violation of 2 of the clayton act but to deny a private cause of action based on a violation of 3 of the robinson-patman act. ..... of the price discrimination provisions of 3 of the robinson-patman act are subject to all of the defenses provided in the case of price discriminations under the clayton act. .....
Tag this Judgment!Court : US Supreme Court
..... that, despite its basic identity to 5 of the federal trade commission act, the phrase "engaged in commerce" in 7 of the clayton act should be interpreted to mean engaged in any activity that is subject to the constitutional power of congress over interstate commerce. ..... construction of 5 of the federal trade commission act is particularly relevant to a proper interpretation of the "in commerce" language in 7 of the clayton act, since both sections were enacted by the 63d congress, and both were designed to deal with closely related aspects of the same problem -- the protection of free and fair competition ..... 288 to congress the intent to exercise less than its full commerce power in the clayton act, which has as its purpose the supplementation of the protections afforded by the sherman act, is both highly anomalous and, ..... that it has never taken a formal position that 7 does not apply to intrastate firms affecting interstate commerce, it does concede that previous 7 cases brought by the department of justice have invariably involved firms clearly engaged in the flow of interstate commerce. ..... case cited by the government to support its contention that the case now before us does not involve a departure from previous enforcement policy, the sole question was quite different from that here in issue -- whether the "bennington area" was a "section of the country" within the meaning of 7 of the clayton act ..... and merger in this case were not within the coverage of 7 of the clayton act. .....
Tag this Judgment!Court : US Supreme Court
..... by chapter 26 of those statutes, relating to divorce and alimony, each district court of the territory, sitting as a court of chancery, had jurisdiction, upon the like process, practice, and proceedings, as in other cases in chancery, to decree a divorce from the bond of matrimony, to either husband or wife, for the other's willful desertion and absence for one year without reasonable cause. ..... the plaintiff in error, clayton, having died since the entry of the case in this court, her heirs have been made parties in her stead. mr ..... 709 service, and the status of clayton and this plaintiff therefore that of husband and wife, according to the law of colorado, as declared by its highest court, she was entitled, as his widow, to the share which the law of that state gives to a widow in ..... trial by jury having been duly waived, the case was tried by the court, which found the following facts: "1st ..... but the service in the proceedings for divorce was exactly the same as was held insufficient to support the jurisdiction of the court to make a decree in each of the cases in the colorado reports above cited. ..... the decree of divorce set up in this case was obtained before the admission of colorado into the union, and under the revised statutes of 1867 of the territory of colorado ..... one of the cases in which it was so held, decided at december term, 1878, before the judgment of the circuit court in the case at bar, was an action by this plaintiff against this defendant and the administrator of james w .....
Tag this Judgment!Court : US Supreme Court
..... footnote 2 ] we find it difficult to believe that the department of justice and the federal trade commission, which share authority for enforcement of the clayton act, and the congress, which oversees those agencies, would have overlooked or ignored the pervasive and open page 462 u. s. ..... 122 certiorari to the united states court of appeals for the ninth circuit syllabus the fourth paragraph of 8 of the clayton act provides that "[n]o person at the same time shall be a director in any two or more corporations, any one of which has capital, surplus, and undivided profits aggregating more than $1,000,000, engaged in whole or in part ..... then, in the only express discussion of bank-nonbank interlocks in all of the legislative debates on the clayton act, representative mann indicated that the original version would have prohibited interlocks between a bank and the "sugar trust" company, a bank and united states steel ..... the primary issue in this case is whether 7 4 of 8 of the clayton act (the "competing corporations provision"), 15 ..... if changes in economic factors or considerations of public policy counsel the extension of the clayton act to the categories of interlocking directorates implicated here, it is a simple matter for congress to say so ..... 123 interpretation that the government lacks the authority to act, but, in the circumstances of this case, the government's failure for over 60 years to exercise the power it now claims strongly suggests that it did not read 8 as granting such .....
Tag this Judgment!Court : US Supreme Court
..... has undertaken to deny the protection of patent rights to such covenants as come within the terms of the clayton act, and if the statute is constitutional, the sole duty of the court is to enforce it in accordance ..... the defendants contend that the form of lease which they have adopted since the clayton act became effective is free from the restrictive and tying clauses, and is therefore unobjectionable, and ..... the issue whether the restrictive clauses were valid in view of the provision of the clayton act concerning machinery, patented or unpatented, was not and could not have been involved or ..... under the sherman act, as interpreted by this court before the passage of the clayton act, contracts were prohibited which unduly restrained the natural flow of interstate commerce, or which materially interrupt the free exercise of competition in ..... this being a suit to enjoin the use of restrictions in leases of machinery as violating 3 of the clayton act, which expressly applies to patented as well as unpatented machines and prohibits leases the effect of which "may" be substantially to lessen competition or tend to create monopoly, the government is not estopped by the adverse ..... indispensable parties to the suit must be such that no decree can be entered in the case which will do justice to the parties before the court without injuriously affecting the rights of ..... in that case, we pointed out that the clayton act was intended to supplement the sherman act, and, within its limited sphere, .....
Tag this Judgment!Court : US Supreme Court
..... the real question is: does the contract of sale come within the third section of the clayton act because the covenant not to sell the patterns of others "may be to substantially lessen competition or tend to create a ..... courts below found that the contract, interpreted in the light of the circumstances surrounding the making of it, was within the provisions of the clayton act as one which substantially lessened competition and tended to create monopoly. ..... principal question in the case, and the one upon which the writ of certiorari was granted, involves the construction of 3 of the clayton act, 38 stats. ..... is contended in the brief for the government, filed by it as amicus curiae, that, as the date last mentioned had elapsed pending the suit, the case has become moot, but we are unable to agree with such contention. ..... as the sherman act was usually administered, when a case was made out, it resulted in a decree dissolving the combination, sometimes with unsatisfactory results so far as the purpose to maintain free competition was ..... agree with these conclusions, and have no doubt that the contract, properly interpreted, with its restrictive covenant, brings it fairly within the section of the clayton act under consideration. ..... the purpose of 3.of the clayton act in forbidding contracts of sale, made upon the agreement or understanding that the purchaser shall not deal in goods of the seller's competitors, which " may substantially lessen competition or tend to create a monopoly," was not to .....
Tag this Judgment!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
..... the chicago base price plus freight from chicago to decatur) as their base price, and that, with the addition of freight from decatur to the points of delivery, the delivered prices would in all cases then be higher than the present prices, so that reduction to meet the lower prices of their competitors would be permissible under 2(b). but this is no answer to the ruling of the commission that ..... the discriminatory price system of their competitors, including the corn products refining company, have sustained the burden of justifying their price system under 2(b) of the clayton act, as amended, by showing that their prices were made "in good faith" to meet the equally low prices of competitors. ..... the same principles as in the corn products refining company case, it concluded that respondents had made discriminations between different purchasers in the price of their product, and that respondents were unable to justify the discriminations, as permitted by 2(b) of the clayton act, by showing that they were made "in good faith ..... . ii the commission found that respondents had not sustained the burden of rebutting the prima facie case of price discriminations involved in their booking practices, since they had failed to show that their lower prices were "made in ..... case supports the finding of the federal trade commission that respondents' price discriminations were not made "in good faith" to meet equally low prices of competitors within the meaning of the proviso of 2(b) of the clayton .....
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
..... the focal point of eight years of litigation, now holds that du pont's acquisition of a 23% stock interest in general motors during the years 1917-1919 violates 7 of the clayton act because, "at the time of suit [in 1949], there [was] a reasonable probability that the acquisition [was] likely to result in the condemned page 353 u. s. ..... states district court for the northern district of illinois syllabus this is a civil action brought by the government in 1949 under 15 of the clayton act to enjoin violations of 7 of that act resulting from the purchase by du pont in 1917-1919 of a 23% stock interest ..... for fiscal year 1929, 6-7, 60, where the commission stated that it could take no corrective action under the clayton act against large consolidations in the food industry "even though the consolidation was effected through the acquisition or exchange of capital stock," because "most of these consolidations and ..... impression that intercorporate relationships between buyers and sellers which resulted in noncompetitive preferences were intended to be dealt with exclusively by the provision forbidding interlocking directorates ( 8 of the clayton act), if not covered by the specific prohibitions of certain price discriminations ( 2), and of certain exclusive selling or leasing contracts ( 3). ..... clayton act and the transamerica case ..... although 7 of the clayton act was enacted in 1914 -- over 40 years ago -- this is the first case in which the united states or the federal trade commission has .....
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