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United States v. Container Corp., 393 U.S. 333 (1969)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Container Corp., 393 U.S. 333 (1969)
United States v. Container Corporation of America No. 27 Argued November 18, 1968 Decided January 14, 1969 393 U.S. 333
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
Syllabus
Appellees account for about 90% of the shipment of corrugated containers from plants in the Southeastern United States. From 1955 to 1963, the industry expanded in the Southeast (entry into the industry is easy), although capacity had exceeded demand, and the price trend had been downward. The product is fungible, demand is inelastic, and competition is based on price. Each appellee, upon request by a competitor, would furnish information as to the most recent price charged or quoted to individual customers, with the expectation of reciprocity and with the understanding that it represented the price currently being bid. This was not done on a regular basis, as often the data were available from appellees’ records or from customers. The exchange of price information stabilized prices though at a downward level. The Government’s civil complaint charging a price-fixing agreement in violation of § 1 of the Sherman Act was dismissed by the District Court after trial.
Held:
1. The reciprocal exchange of price information was concerted action sufficient to establish the combination or conspiracy ingredient of § 1 of the Act. P. 335.
2. The price stabilization which resulted from the exchange of price data had an anticompetitive effect in the corrugated container industry, chilling the vigor of price competition. Pp. 336-338.
273 F.Supp. 18, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Container Corp., 393 U.S. 333 (1969) in 393 U.S. 333 393 U.S. 334. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=834WHUZPU8XQSRH.
MLA: U.S. Supreme Court. "Syllabus." United States v. Container Corp., 393 U.S. 333 (1969), in 393 U.S. 333, page 393 U.S. 334. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=834WHUZPU8XQSRH.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Container Corp., 393 U.S. 333 (1969). cited in 1969, 393 U.S. 333, pp.393 U.S. 334. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=834WHUZPU8XQSRH.
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