United States v. Standard Oil Co. of New Jersey

Citations

• 173 F. 177
• 9 Ohio Law Rep. 109
• 1909 U.S. App. LEXIS 5869

Syllabus

<p>1. Commerce (§ 3*) — Anti-Trust Act — Congressional Restriction of Use of Contracts and Methods of Holding Titles to Restrain Interstate Commerce Authorized by Constitution.</p> <p>Congress has power, under the commercial clause of the Constituí ion, to regulate and restrict the use, in commerce among the several states and with foreign nations, of contracts, of the method of holding title to property, and of every other instrumentality employed in that commerce, so far as it may be necessary to do so in order to prevent the restraint thereof denounced by Anti-Trust Act July 2, 1890, c. 047, 20 Stat. 209 (U. S. Comp. St. 1901, p. 3200).</p> <p>[Ed. Note. — For other cases, see Commerce, Cent. Dig. § 3; Dec. Dig. 1 3.*]</p> <p>2. Monopolies (§ 12*) — Anti-Trust Act — Test of Legality of Combination Its Necessary Effect upon Competition.</p> <p>The test of the legality of a combination under this act is its necessary effect upon competition in commerce among the states or with foreign nations.</p> <p>If its necessary effect is only incidentally or indirectly to restrict that competition, while its chief result is to foster the trade and increase the business of those who make and operate it, it does not violate that law.</p> <p>But, if1 its necessary effect is to stifle or directly and substantially to restrict free competition in commerce among the states or with foreign nations, it is illegal witbin the meaning of that statute.</p> <p>[Ed. Note. — For other cases, see Monopolies, Cent. Dig. § 10; Dec. Dig. I 12.*]</p> <p>3. Monopolies (f 12*) — Anti-Trust Act —Power to Restrict. Competition Vested by Combination Indicative of Its Character.</p> <p>The power to restrict competition in commerce among the several states or with foreign nations, vested in a person or an association of persons by a combination, is indicative of the character of the combination, because it is to the interest of the parties that sncli a power should be exercised, and the presumption is