Moore v. Mead’s Fine Bread Co., 348 U.S. 115 (1954)

Moore v. Mead’s Fine Bread Co.

No. 121

Argued November 17, 1954
Decided December 6, 1954
348 U.S. 115

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

Syllabus

Petitioner sued respondent for treble damages for violations of § 2 of the Clayton Act and § 3 of the Robinson-Patman Act. Petitioner was engaged in a purely intrastate bakery business. Respondent sold bread both locally and interstate, and, in the course of such business, maintained prices in interstate transactions but cut prices in intrastate transactions in petitioner’s locality, thus driving petitioner out of business. There was ample evidence to support a finding of a purpose to eliminate a competitor.

Held: such practices are included in the scope of § 2 of the Clayton Act and § 3 of the Robinson-Patman Act, and a judgment for petitioner is sustained. Pp. 119-120.

(a) Congress has power under the Commerce Clause to prevent the opportunities afforded by interstate commerce from being employed to injure local trade. Pp. 119-120.

(b) By the Clayton Act and the Robinson-Patman Act, Congress barred the use of interstate business to destroy local business and outlawed the price cutting employed by respondent. P. 120.

208 F.2d 777 reversed, and judgment of District Court affirmed.