United States of America, Petitioner, V. Standard Oil Company of New Jersey Et Al., Defendants. Brief of the Law for Petitioner
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In the case at bar the holding company not only controls the price but regulates all of the affairs of the sub- sidiary companies. In the National Harrow cases (76 Fed., 667; 83 Fed., 37) corporations were organized for the purpose of receiving assignments of the various patents under which the manu- facturers were engaged in making harrows, and of granting Mcenses to the manufacturers allowing them to continue making the same kind of harrows they had previously made, and for the purpose of fix...ing the price at which the harrows should be sold. The court held that this was in violation of the Sherman Act. The same combination came before the Supreme Court of New York in the case of Strait et al v. National Harrow Co. (18 N. Y. Supp., 224), and was the^e held void. See also Park & Sons v. Hartman (153 Fed., 24). 142 A CONSIDERATION OF THE KNIGHT CASE. The case of United States v. E. C. Knight has been cited and relied on in all of these cases for the proposition that the acquisition of manufacturing plants could not be held to create a monopoly of interstate commerce within the Sherman Act; in fact, for the broad proposition that what- ever the motive and intent of the combination might be, if it took the form of purchase of properties engaged in manu- facture, shipping, selling or transporting commodities, the right of purchase and acquisition of property carried with it the right to restrain commerce or to monopolize the same.
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