Byron White

“ On appeal, likewise, the appellate court must consider the evidence in its strongest light in favor of the party against whom the motion for directed verdict was made, and must give him the advantage of every fair and reasonable intendment that the evidence can justify.' 5 Moore's Federal Practice 2316 (2d ed., 1951) . ”

“ But in the light of later cases in this Court respondents' reliance upon American Banana is misplaced. A conspiracy to monopolize or restrain the domestic or foreign commerce of the United States is not outside the reach of the Sherman Act just because part of the conduct complained of occurs in foreign countries. ”

“ The jury was further instructed that 'an essential element of the illegal monopoly or monopolization is the existence of a combination or conspiracy to acquire and maintain the power' and that a verdict must be returned for the defendants 'if you find that the plaintiffs have not proved that there was * * * a conspiracy.' Petitioners duly excepted to the charge on the ground that they were entitled to prevail if they could prove that either respondent monopolized unilaterally. ”

“ Trial was to a jury and a verdict was returned for defendants. Continental appealed, asserting error in the trial court's exclusion of various evidentiary items, in certain of the instructions given to the jury, in the refusal to give other instructions, and in other rulings of the trial court. ”

“ The court then struck this letter from the record and rejected petitioners' offer to prove that Continental was excluded from the Canadian market by Electro Met of Canada, a wholly owned subsidiary corporation of Carbide, acting as exclusive purchasing agent for the Metals Controller but allegedly operating in this connection under the control and direction of Carbide for the purpose of carrying out the overall conspiracy to restrain and monopolize the vanadium industry. ”

“ Continental sought to introduce the making of ferrovanadium by the aluminothermic process, which it claimed was more efficient and economical than respondents' method.↑ The Sherman Act, §§ 1-2, 15 U.S.C. §§ 1-2, 15 U.S.C.A. §§ 1, 2, provide in pertinent part:↑ The complaint alleged that VCA sold approximately two-thirds of all ferrovanadium and vanadium oxide sold by defendants (which was said to amount to approximately 99% of all ferrovanadium and vanadium oxide sold and consumed in the United States) , while Electro Met Sales (a Carbide subsidiary) sold approximately one-third. ”