United States v. Metropolitan Meat Co.

Citations

• 3 D. Haw. 110

Syllabus

<p>Competition in trade and commerce: Competition is essential to trade and commerce from the point of view and in the interest of the public.</p> <p>Combination to destroy competition: Combinations to destroy competition are within the act of. July 2, 1890 (26 f?tat. L. 209), known as the anti-trust act, as combinations in restraint of trade or commerce.</p> <p>Restraints of trade and monopolies: While all restraints of trade are not monopolies, all commercial monopolies are probably restraints of trade. A combination to effect a monopoly in a Territory is therefore a combination in restraint of trade, and is within the third section of the antitrust act.</p> <p>Practice — Bill for enforcement of anti-trust act: It is sufficient if a bill for the enforcement of the anti-trust act shows that a combination in direct restraint of trade or commerce, with sufficient power for the accomplishment of that object, has been entered into, without showing that any means have been taken to carry out such object.</p> <p>Combination in restraint of trade — Injunction: A combination of nearly all of the graziers and wholesale dealers in beef cattle and fresh beef in the Territory of Hawaii and a corporation engaged in the wholesale and retail trade in beef cattle and fresh beef in such Territory, whereby the former agree not to engage in such retail trade as competitors of the latter, not to deal in beef cattle or fresh beef with any competitor of the latter and to prevent and discourage importations of beef cattle and fresh beef by outsiders in favor of competitors of any member of the combination, and whereby such corporation agrees to purchase its entire demands for beef cattle and fresh beef from the former in equal portions at an agreed price, which should be the same for each of them and should not be changed by the supply or demand of beef cattle and fresh beef in the localities supplied by it, not to produce, deal in or import such commodity other than it purchased from th