Hugo Black

“ While there is a 'statutory provision' vesting power in the Secretary of Agriculture to enter into agricultural marketing agreements which 'shall be deemed to be lawful' and 'not * * * be in violation of any of the antitrust laws of the United States,' no such marketing agreement is involved here. [20]
Sherman Act § 3 Judgment.-The complaint charged that the Association, Embassy and others had violated § 3 of the Sherman Act by engaging in a combination and conspiracy to eliminate and foreclose competition with the Association and with dealers purchasing milk from the Association. ”

“ The language shows no more than a purpose to allow farmers to act together in cooperative associations without the associations as such being 'held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws,' as they otherwise might have been. ”

“ The Embassy assets the Association acquired are useful in processing and marketing milk, and we may assume, as it is contended, that their purchase simply for business use, without more, often would be permitted and would be lawful under the Capper-Volstead Act. But even lawful contracts and business activities may help to make up a pattern of conduct unlawful under the Sherman Act. ”

“ State of Texas, 1940, 310 U.S. 141, 60 S.Ct. 879, 84 L.Ed. 1124.↑ Clayton Act § 6: 'The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof ”

“ Such associations may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements to effect such purposes * * *.' 42 Stat. 388 (1922) , 7 U.S.C. § 291, 7 U.S.C.A. § 291. ”

“ Nat'l Comm. Antitrust Rep. (1955) , 306-313; Note, 57 Mich.L.Rev. 921 (1959) .↑ See statutes collected in Jensen, The Bill of Rights of U.S.C.o-operative Agriculture, 20 Rocky Mt.L.Rev. 181, 191, n. 29 (1948) ”