Whitwell v. Continental Tobacco Co.

Citations

• 125 F. 454
• 64 L.R.A. 689
• 1903 U.S. App. LEXIS 4181

Syllabus

<p>1. Anti-Trust Act—What Contracts, Combinations, or Conspiracies Violate.</p> <p>Every contract, combination, or conspiracy, the necessary effect of which is to stifle or to directly and substantially restrict competition in commerce among the states, is in restraint of interstate commerce, and violates section 1 of the act of July 2, 1890, c. 647, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200].</p> <p>2. ' Same—What Acts, Contracts, and Combinations do not Violate.</p> <p>Acts, contracts, and combinations which promote, or only incidentally or indirectly restrict, competition in commerce among the states, while their main purpose and chief effect are to foster the trade and increase the business of those who make and operate them, are not in restraint of interstate commerce, or violative of section 1 of the act of July 2, 1890, C. 647, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200].</p> <p>8. Same—Construction.</p> <p>The anti-trust act should have a reasonable construction—one which tends to advance the remedy it provides, and to abate the mischief at which it was leveled.</p> <p>4. Same—Attempts to Monopolize a Part op Interstate Commerce.</p> <p>Every attempt to monopolize a part of interstate commerce, the necessary effect of which is to stifle or to directly and substantially restrict competition in commerce among the states, violates section 2 of the act of July 2, 1890, c. 647, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200].</p> <p>• 6. Same.</p> <p>Attempts to monopolize a part of commerce among the states which promote, or only incidentally or indirectly restrict, competition in interstate commerce, while their main purpose and chief effect are to increase the trade and foster the business of those who make them, were not intended to be, and were not, made illegal or punishable by section' 2 of the anti-trust act of July 2, 1890, c. 647, 26 Stat. 200 [U. S. Comp. St. 1901, p. 3200], because such attempts are indispensable to the existence of any competition in