their own favor to the injury and detriment of their competitors.135 While any such instance of restraint of trade is unlawful, some organizations are from time to time, by misrepresentations of fact, procuring governmental action apparently under the mistaken belief that the action being taken by the government, there is no danger of liability on the part of the association or its members for the restraint produced. It is, of course, impossible to enumerate all collective activities which are in restraint of trade. The forms of voluntary restraints are fairly well defined. The imposition of restraints upon others, however, will constantly take new forms in response to changing conditions. But regardless of the form taken, if they are unfair, if they unduly hinder competitors, they will certainly be in violation either of the anti-trust laws or the Federal Trade Commission Act. It cannot be too strongly emphasized that the Supreme Court of the United States is determined that no subterfuge, no indirection, shall be employed to evade the laws and public policy of our government, which require the maintenance of equal opportunity for all under fair, unrestricted competitive conditions. The great future of our trade associations will be achieved in constructive efforts for the common good, and not in attempted evasions of the law. p. 19. 135 United States vs Jensen Creamery Co., indictment Feb. 24, 1917, APPENDICES A. Sherman Anti-Trust Act: 26 Stat. 209. C. Webb Export Act: 40 Stat. 516. D. Capper-Volstead Act: Act to authorize association of producers of agricultural products: Feb. 18, 1922. E. Federal Trade Commission Act: 38 Stat. 717. F. Title VIII, Unfair Competition: Act of Sept. 8, 1916, Sections 800-803: 39 Stat. 798. G. Packers and Stockyards Act of 1921: Aug. 15, 1921. H. Wilson Tariff Act: Sections 73-77: 28 Stat. 570: 37 Stat. 667. I. Panama Canal Act: Section 11, paragraph 4: 37 Stat. 560. J. Correspondence between Department of Commerce and Department of Justice upon the activities of trade associations. APPENDIX A SHERMAN ANTI-TRUST ACT [Act of July 2, 1890 (26 Stat., 209).] AN ACT To protect trade and commerce against unlawful restraints and monopolies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. SEC. 2. Every person who shall monopolize or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. SEC. 3. Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the Distict of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is hereby declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. SEC. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly 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 premises. SEC. 5. Whenever it shall appear to the court before which any proceeding under section four of this act may be pending that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof. SEC. 6. Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in section one of this act, and being in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law. SEC. 7. Any person who shall be injured in his business or property by any other person or corporation, by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee. SEC. 8. The word "person," or "persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. |