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" The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition. To determine that question the court must ordinarily consider... "
United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Page 160
by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1940
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Federal Anti-trust Decisions, Volume 10

United States. Courts - Corporation law - 1928 - 1244 pages
...merely regulates and competition, or whether it is such that it may supor even destroy competition. The facts peculiar to the business to which the restraint is applied must be P^sidered in each instance — the nature of the restraint and t"íTect, actual or probable....
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United States Reports: Cases Adjudged in the Supreme Court, Volume 246

United States. Supreme Court - Courts - 1918 - 808 pages
...suppress or even destroy competition. To determine that question the court must ordinarily consider the facts peculiar to the business to which the restraint...remedy, the purpose or end sought to be attained, are all relevant facts. This is not because a good intention will save an otherwise objectionable regulation...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - Law reports, digests, etc - 1918 - 810 pages
...suppress or even destroy competition. To determine that question the court must ordinarily consider the facts peculiar to the business to which the restraint...actual or probable. The history of the restraint, the evii believed to exist, the reason for adopting the particular remedy, the purpose or end sought to...
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Supreme Court Reporter, Volume 38

United States. Supreme Court - Law reports, digests, etc - 1918 - 636 pages
...determine that question the court muet consider the facts peculiar to the business, its conditions before and after the restraint was imposed, the nature...the restraint, and its effect actual or probable. '2. MONOPOLIES <S=>17(1) — COMBINATION« PBOHIBITED— RULES OF BOABD OF TRADE. Such rule was a reasonable...
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Report of the Federal Trade Commission on the Grain Trade, Volumes 1-3

United States. Federal Trade Commission - Grain trade - 1920 - 1074 pages
...Chicago el al. P. United States, 246 US 231, decided March 4, Ш&. " Idem, p. 231 iTilinarily consider The facts peculiar to the business to which the restraint...restraint, and its effect actual or probable * * *.'" The decision was based therefore upon the economic effects of the rule: * * Aa it applies to only a small...
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Report of the Federal Trade Commission on the Grain Trade, Volume 2

United States. Federal Trade Commission - Grain trade - 1920 - 356 pages
...231, decided March 4, 1918. "Idem, p. 238. ordinarily consider the facts peculiar to the business-to which the restraint is applied; its condition before...restraint was imposed; the nature of the restraint, and it6 effect actual or probable * * *.~' The decision was based therefore upon the economic effects of...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1920 - 740 pages
...have almost, if not quite, all the pattern business. We must consider this restriction in the light of the facts peculiar to the business to which the restraint is applied, to the conditions already achieved under such restraint, as well as the nature of the restraint and...
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Federal Trade Commission Decisions, Volume 3

United States. Federal Trade Commission - Competition - 1921 - 682 pages
...suppress or even destroy competition. To determine that question the court must ordinarily consider the facts peculiar to the business to which the restraint...remedy, the purpose or end sought to be attained, and all relevant facts. This is not because a good Intention will save an otherwise objectionable regulation...
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Federal Trade Commission Decisions, Volume 3

United States. Federal Trade Commission - Competition - 1921 - 684 pages
...suppress or even destroy competition. To determine that question the court must ordinarily consider the facts peculiar to the business to which the restraint is applied; its condition before and nfter the restraint was imposed ; the nature of the restraint, and its effect, actual or probable....
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Acts from which the Commission Derives Its Powers, with Annotations ...

United States. Federal Trade Commission, United States - Business & Economics - 1922 - 212 pages
...monopoly of the business in such community. * * * 77. " We must consider this restriction in the light of the facts peculiar to the business to which the restraint is applied, to the conditions already achieved under such restraint, as well as the nature of the restraint and...
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