Pierce Butler

“ Inferentially their contentions go far to show-and in the light of all the circumstances we find-that the trial court's direction of verdict and its judgment rests solely upon the ground that petitioner failed to introduce evidence that its business or that of respondents included interstate commerce. ”

“ The business that is here alleged to have been damaged is the publication and circulation of these farm papers. That business includes the obtaining of advertising, the transportation between States of electrotypes sent respectively to petitioner and respondents by their customers to be used in setting up advertisements, and the transportation of substantial quantities of the papers in interstate commerce. Advertising at compensatory rates is an essential element. ”

“ Advertising matter carried by each of these publishers includes classified and display or commercial advertisements. The latter only is involved in this case. Each is largely dependent for financial success upon revenue derived from these advertisements. Most of the advertisers are located in States other than those in which the papers are published. About ninety per cent. of petitioner's advertisements comes from points outside Indiana and is obtained by correspondence, traveling solicitors, and representatives located in different parts of the country. ”

“ Its officers and directors are representatives of the other respondents which make use of that agency, as similarly use was made of its predecessor, to procure at combination rates identical advertisements to be published in their seven farm papers. The gist of the complaint is that respondents entered into a contract, combination, and conspiracy for the purpose of obtaining a monopoly of the farm paper business including the publication, circulation, and distribution of advertisements of peculiar interest to farmers 'within the territory covered' by their publications ”

“ Its right to recover does not depend upon the proportion that respondents control of the total farm paper advertisements in the entire country, and it was not required to prove that respondents imposed a restraint or attempted monopolization that would affect all commercial advertisements in all farm papers wherever published or circulated. ”

“ Eastman Kodak Co. v. Southern Photo Materials Co., 273 U.S. 359, 370, 374, 47 S.Ct. 400, 71 L.Ed. 684; Furst v. Brewster, 282 U.S. 493. 497, 51 S.Ct. 295, 75 L.Ed. 478. Cf. N.Y. Life Ins. Co. v. Deer Lodge County, 231 U.S. 495, 510, et seq., 34 S.Ct. ”