United States v. Frankfort Distilleries, Inc., 324 U.S. 293 (1945)

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United States v. Frankfort Distilleries, Inc.

No. 523

Argued February 8, 1945
Decided March 5, 1945 *
324 U.S. 293

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE TENTH CIRCUIT

Syllabus

1. A conspiracy of producers, wholesalers and retailers to fix and maintain retail prices of alcoholic beverages shipped into a State, by adoption of a single course in making contracts of sale and boycotting others who would not conform, held a violation of the Sherman Antitrust Act. P. 296.

2. Neither the Miller-Tydings Amendment of the Sherman Act nor the Colorado Fair Trade Act permits combinations of businessmen to coerce others into making "fair trade" contracts. P. 296.

3. The fact that the ultimate object of the conspiracy was the fixing or maintenance of local retail prices did not render the Sherman Act inapplicable. P. 298.

4. The Twenty-First Amendment of the Constitution does not preclude prosecution of the violation of the Sherman Act here alleged. P. 299.

5. The Twenty-First Amendment conferred upon the States broad regulatory power over the liquor traffic within their boundaries, but did not give the States plenary and exclusive power to regulate the conduct of persons doing an interstate liquor business. P. 299.

144 F.2d 824 reversed.

Certiorari, 323 U.S. 699, to review the reversal of a conviction, 47 F.Supp. 160, of violation of the Sherman Antitrust Act.