United States v. Colgate & Co.
Citations
- 250 U.S. 300
- 39 S. Ct. 465
- 63 L. Ed. 992
- 1919 U.S. LEXIS 1748
- 7 A.L.R. 443
Syllabus
<p>On a writ of error under the Criminal Appeals Act, this court must confine itself to the question of the construction of the statute involved in the decision of the District Court, accepting-that court’s interpretation of the indictment. P.301.</p> <p>In the absence of any intent to create or maintain a monopoly, the Sherman Act does not prevent a manufacturer engaged in a private business from announcing in advance the prices at which his goods may be resold and refusing to deal with wholesalers and retailers who do not conform to such prices. P. 307.</p> <p>As the court interprets the District Court’s opinion, the indictment in this case was interpreted as not charging the defendant with selling to dealers under .agreements obligating them not to resell at prices other than those fixed by defendant. . P. 306. Dr. Miles . Medical Co. v. Park & Sons Co., 220 U. S. 373, distinguished.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a manufacturer can suggest resale prices and refuse to deal with distributors who do not follow them
- holding that, in absence of purpose to monopolize, single entity may refuse to deal with any party it chooses
- noting that a manufacturer has a right to deal, or refuse to deal, with whomever it likes, as long as it does so independently
- holding vertical integration of newspaper distribution system lawful
- explaining that it is not concerted action for a party to announce the terms under which it is willing to deal and to then act in accordance with that unilateral announcement, even if the practical effect may be to achieve conformity of behavior
- explaining that it is not concerted action for a party to announce the terms under which it is willing to deal and to then act in accordance with that unilateral announcement, even if the practical effect may be to achieve conformity of behavior
Source: CourtListener parenthetical corpus (CC0).
Judges: McReynolds
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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