ruling that when a manufacturer goes beyond the mere announcement of a pricing policy [i.e., having the wholesalers terminate the sales to those retailers who do not abide by the policy], an unlawful combination in violation of Section 1 exists
How later courts described this case
- ruling that when a manufacturer goes beyond the mere announcement of a pricing policy [i.e., having the wholesalers terminate the sales to those retailers who do not abide by the policy], an unlawful combination in violation of Section 1 exists
- noting that in these circumstances, the appeals court is "reviewing a question of law, namely, whether the District Court applied the proper standard to essentially undisputed facts"
- deciding a company that policed the implementation of its resale price policy and individually met with each of its wholesalers and retailers to ensure compliance exceeded Colgate
- Court held that when manufacturer takes affirmative action to achieve uniform adherence to a particular price he engages in concerted action and violates § 1 of the Sherman Act
Written by the judges who cited it.
The opinion
Mr. Justice Stewart,
concurring.
I concur in the judgment. The Court’s opinion amply demonstrates that the present record shows an illegal combination to maintain retail prices. I therefore find no occasion to question, even by innuendo, the continuing validity of the Colgate decision, 250 U. S. 300 , or of the Court’s ruling as to the jury instruction in Cudahy, 256 U. S. 210 -211.