United States v. Colgate & Co., 250 U.S. 300 (1919)

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United States v. Colgate & Company

No. 828

Argued March 10, 1919
Decided June 2, 1919
250 U.S. 300

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF VIRGINIA

Syllabus

On a writ of error under the Criminal Appeals Act, this Court must confine itself, to the question of the construction of the statute involved in the decision of the district court, accepting that court’s interpretation of the indictment. P. 301.

In the absence of any intent to create or maintain a monopoly, the Sherman Act doe not prevent a manufacturer engaged in a private business from announcing in advance the prices at which his good may be resold and refusing to deal with wholesaler and retailers who do not conform to such price. P. 307.

As the court interpret the district court’s opinion, the indictment in this case was interpreted as not charging the defendant with selling to dealers under agreements obligating them not to resell at prices other than those fixed by defendant. P. 306. Dr. Miles Medical Co. v. Park & Sons Co., 220 U.S. 373, distinguished.

253 F. 522 affirmed.

The case is stated in the opinion.