United States v. Women’s Sportswear Mfrs. Assn., 336 U.S. 460 (1949)

United States v. Women’s Sportswear Manufacturers Association


No. 37


Argued February 28-March 1, 1949
Decided March 28, 1949
336 U.S. 460

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

Syllabus

Women’s sportswear jobbers in Boston, selling in interstate commerce about 80% of their annual production approximating $8,800,000, agreed by contract to employ only those stitching contractors who were unionized, and also members of a particular trade association, and to divide all their work among association members who, as to price and quality, were comparable with nonmembers.

Held:

1. The intent and effect of the agreement was substantially to restrict competition, prices and markets in violation of § 1 of the Sherman Act. Pp. 461-463.

2. The effect of the agreement being to restrain interstate commerce, it is immaterial whether or not the stitching contractors themselves may have been engaged only in intrastate business. Pp. 464-465.

3. Inclusion in the contract of a provision which limited the work to union shops which were also members of the trade association did not immunize the agreement from attack under § 1 of the Sherman Act. Pp. 463-464.

75 F.Supp. 112, reversed.

In a suit by the United States to enjoin violations of § 1 of the Sherman Act and for other relief, the District Court, after trial, denied the relief sought. 75 F.Supp. 112. On direct appeal to this Court, reversed, p. 465.