Business Competition And the Law; Everyday Trade Conditions Affected By the Anti-Trust Laws

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And for faithful observance of their engagements the jobbers, too, were entitled to rebates from their purchases. It is testified that 90 per cent, of the jobbers in number and more than 90 per cent, in purchasing power joined the combination. The agreements clearly, therefore, transcended what was necessary to protect the use of the patent or the monopoly which the law conferred upon it. . . .
"The agreements in the case at bar combined Scope of Patent Protection 139 the manufacturers and jobb
...ers of enamelled ware very much to the same purpose and results as the association of manufacturers and dealers in tiles combined them in Montague & Co. vs. Lowry . . . which combination was condemned by this court as offending the Sherman law. The added element of the patent in the case at bar cannot confer immunity from a Hke condem- nation for the reasons we have stated. And this we say without entering into the consideration of the distinction of rights for which the Govern- ment contends between a patented article and a patented tool used in the manufacture of an unpatented article.

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