Cases On Contracts And Combinations in Restraint of Trade Selected From the Dec

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Cases On Contracts And Combinations in Restraint of Trade Selected From the Dec
Albert Martin Kales
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Ses, and it was there held that the transfer to a holding company of the stock of two competing interstate railroads, thereby effectually destroying the power which had theretofore existed to compete in interstate commerce, was a restraint upon such commeree. And Mr. Justice Harl. \n, an- nouncing the affirmance of the decree of the circuit co\irt, said (p. 337) : "In all the prior cases in this court the antitrust act has THE SHERMAN ANTI-TRUST ACT 985 been constriu'd as f()rl)i(ldiiit^ any co...mbination wliich, by its necessary operation, destroys or restricts free competition among those engaged in interstate commerce; in other words, that to destroy or restrict free competition in interstate com- merce was to restrain such commerce. Nor, can this court say that such a nde is prohibited by the Constitution, or is not one that Congress could appropriately prescribe when exerting its power under the commerce clause of the Constitution? Whether the free operation of the normal laws of competition is a wise and wholesome rule for trade and commerce is an economic (juestion which this court need not consider or deter- mine.

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