John Marshall Harlan II

“ Therefore it is of no moment here that the Robinson-Patman Act may be colloquially described as an 'antitrust' statute. And since no one claims that § 3 of the Robinson-Patman Act can be regarded as an amendment to the Sherman Act or the Wilson Tariff Act, the precise issue before us is whether Congress made that section of the Robinson-Patman Act a part of the Clayton Act, thus making it one of the 'antitrust laws' whose violation can lead to the private causes of action authorized by §§ 4 and 16. ”

“ We brought the case here, 352 U.S. 1023, 77 S.Ct. 590, 1 L.Ed.2d 595, to resolve a conflict between the ruling below and a decision of the Court of Appeals for the Tenth Circuit holding that such a private action does lie. Vance v. Safeway Stores, Inc., 239 F.2d 144. ”