Court : US Supreme Court
..... while the icc might be required in some circumstances to consider "control" and "anticompetitive" issues before approving a stock issuance under 20a, the icc properly exercised discretion to defer consideration of such questions in this case until after it was determined whether and to what extent greyhound would succeed in purchasing additional shares from railroad stockholders; only then would the "chain of events started by the stock issuance . . . ..... given the complexities of control and antitrust problems in the transportation field, and given the specific and detailed provisions of the statute in 5, and in 11 of the clayton act, devoted particularly to them, it seems to me quite evident that the sounder view of the statutory scheme is to regard 20a as being limited to matters of corporate financing and 5 and 7 as being the source of the commission ..... section 5 thus covers fully the problems of control; likewise, the antitrust issues are dealt with specifically in 11 of the clayton act, which authorizes the icc to enforce 7 of that act, forbidding the acquisition of stock the effect of which "may be substantially to lessen competition, or to tend to ..... unnecessary, one might be instituted and consolidated with the recommended clayton act 7 proceeding, since the anticompetitive issues involved would be ..... urged the icc to conduct a hearing to determine whether the transaction would violate 7 of the clayton act, [ footnote 3 ] suggesting that, while a 5 proceeding might be page 387 .....
Tag this Judgment!Court : US Supreme Court
..... intended to monopolize the relevant market; that one of the overt acts performed in furtherance thereof was the use of litigation as a method of harassing and eliminating competition; that two of the corporate plaintiffs in the case, respondents here, would be eliminated by collection of the illinois judgment; and that the state litigation had already severely hampered, and collection of the judgment would prevent, the marketing of a promising, newly developed.machine ..... the antitrust action, which, in the meantime, had lain "dormant," the district court granted respondents' motion for a preliminary injunction against collection of the illinois judgment, holding that 16 of the clayton act (which authorizes any person to seek injunctive relief against violations of the antitrust laws) constituted an "expressly authorized" exception to the anti-injunction act, 28 u.s.c. ..... act of congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments"), and further found that an injunction was necessary to protect the court's jurisdiction within the meaning of that exception in 283 by preserving a case or controversy, since the state collection efforts would eliminate the two corporate respondents (which would then be controlled by petitioner) as plaintiffs in the federal suit. ..... this case, however, neither the respondents nor the courts below have called to our attention any similar legislative history in connection with the enactment of 16 of the clayton act .....
Tag this Judgment!Court : US Supreme Court
..... respondents argued that reiter, as a retail purchaser of hearing aids for personal use, lacked standing to sue for treble damages under 4 of the clayton act because she had not been injured in her "business or property" within the meaning of the act. ..... many courts and commentators have observed that the respective legislative histories of 4 of the clayton act and 7 of the sherman act, its predecessor, shed no light on congress' original understanding of the terms ..... the legislative history of 4, we described the sherman act as "conceived of primarily as a remedy for [t]he people of the united states as individuals,' especially consumers," and the treble damages provision of the clayton act as "conceived primarily as 'open[ing] the door of justice page 442 u. s. ..... the court of appeals is reversed, and the case is remanded for further proceedings consistent with this opinion ..... treble damages were sought under 4 of the clayton act, which provides that "[a]ny person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws" may bring suit ..... it then stayed further proceedings in the case and declined to express any opinion on the merits of the other issues raised by respondents' motions or on the certifiability ..... [ footnote 3 ] ii as is true in every case involving the construction of a statute, our starting point must be the language ..... (ca8 1978) (case below); bravman v. ..... no part in the decision of this case. ..... part in the decision of the case. .....
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 only person who had authority, under the act organizing the territory of utah and under section 1857 of the revised statutes, to make this appointment, then clayton never was legally appointed, never was auditor of public accounts de jure, and the action of the governor in appointing another person to the place was valid. ..... organic act, and that it differed especially in that his functions only extended to the prosecution of individuals accused of crime in the judicial district in which he kept his office, in cases arising under the laws of the territory, and that for other districts a district attorney should be elected in like manner and with like duties. ..... , we are not at all satisfied that any such value can be applied to the office of auditor of public accounts, but we have no difficulty in holding that the record before us presents a case in which there was drawn in question an authority exercised under the united states, within the meaning of the second section. ..... this proposition was supported by a reference to the same clause of the organic act which is relied on in this case -- namely, that the legislative power of the territory extends to all rightful subjects of legislation consistent with the constitution ..... the case being tried on complaint and answer, the allegation of the defendant, clayton, that he was elected under that law, in 1880, to the office of auditor of public accounts, received the commission of the governor upon that election, was duly qualified, gave .....
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
..... by the condition does not extend beyond the monopoly which it has acquired by patents on the cards and on the machines in which they are used, and that, in any case, the condition is permissible under 3 of the clayton act because its purpose and effect are only to preserve to appellant the goodwill of its patrons by preventing the use of unsuitable cards which would interfere with the successful performance of ..... other corporations, all manufacturers of machines performing substantially the same functions as appellant's, to restrain the use by each of the defendants of a specified type of lease of their machines as a violation of the clayton act, and to declare void under the sherman anti-trust act a contract into which they had entered by which each agreed to use that type of lease and not to solicit the lessees of machines of ..... 131 appeal from the district court of the united states for the southern district of new york syllabus section 3 of the clayton act declares it unlawful for any person engaged in commerce to lease machinery "whether patented or unpatented" on the condition that the lessee shall not use supplies or other commodities of the ..... insists that the condition of its leases is not within the prohibition of the clayton act, and it has assigned as error the conclusion of the district court that ..... section 3 of the clayton act, so far as it is applicable to the present case, provides that "it shall be unlawful for any person engaged in commerce, in the course of .....
Tag this Judgment!Court : US Supreme Court
..... consequently, under our holdings in the hutcheson case and other cases which followed it, [ footnote 13 ] had there been no union-contractor-manufacturer combination, the union's actions here, coming as they did within the exemptions of the clayton and norris-la guardia acts, would not have been violations of the sherman ..... far as the union might have achieved this result acting alone, it would have been the natural consequence of labor union activities exempted by the clayton act from the coverage of the sherman act. ..... that decision held that the doctrine of the duplex and bedford cases was inconsistent with the congressional policy set out in the three "interlacing ..... this court later declined to interpret the clayton act as manifesting a congressional purpose wholly to exempt labor unions from the sherman ..... the injunction against the union and its agents in this case must be limited so as to enjoin only those prohibited activities which were engaged in in combination with a nonlabor group. ..... " this must mean that each employer in the instant case is at liberty to agree with the union on all the terms and conditions which create a complete monopoly, a complete boycott, a complete closing of the market, and a serious price fixing affecting competitive ..... congress did not intend by the clayton act or the norris-laguardia act that labor unions could, consistently with the sherman act, aid nonlabor groups to create business monopolies and to control the marketing of goods and services .....
Tag this Judgment!Court : US Supreme Court
..... " the court disregards the fainthearted and unconvincing assertion of the state that it has a "common law" cause of action entitling it, independently of the clayton act and the federal antitrust laws, to maintain the present suit to restrain the alleged conspiracy to fix and maintain rates or charges for the interstate transportation of ..... when the parties complained of shall have been duty notified of such petition, the court shall proceed, as soon as may be, to the hearing and determination of the case, and, pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the ..... its judicial discretion, this court should, without deciding the merits, leave the state to its remedy, if any, in the district court; (2) because the state lacks standing to present the only substantial issue in the case, and (3) because, in the present posture of the case, the bill of complaint, for several reasons, fails to state a cause of action for which a court of equity can give effective relief. ..... case, it was urged that 16 of the clayton act did not preclude the relief sought, since the commission did not have jurisdiction over the agreements or contracts complained of, but only over the acts involved in their ..... even though, as asserted, the suit be maintainable in the federal courts independently of the clayton act, the controlling principles governing the maintenance of the suit are the same in either case. .....
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