Tom C. Clark

“ I have diligently searched appellant's offer of proof but fail to find any allegation by it that raises an issue of fact. All of its statements are economic arguments or business necessities none of which have any bearing on the legal issue. It clearly appears from its contracts that 'all room for competition between retailers (dealers) , who supply the public, is made impossible.' John D. Park & Sons Co. ”

“ The offered justification must fail because it involves a contention contrary to the public policy of the Sherman Act, which is that the suppression of competition is in and of itself a public injury. To admit, as does the petitioner, that competition is eliminated under its contracts is, under our cases, to admit a violation of the Sherman Act. ”

“ American Motors seems to have been able to survive and prosper against 'big three' competition. But even though White Motor gains an advantage through the use of the restrictions, 'the question remains whether it is one which (it) is entitled to secure by agreements restricting the freedom of trade on the part of dealers who own what they sell.' Dr. ”

“ Likewise each White Motor dealer is isolated from all competition with other White Motor dealers. One cannot make a sale or purchase of a White Motor truck outside of his own territory. He is confined to his own economic island. ”

“ Fashion Originators' Guild v. Federal Trade Comm'n, supra (group boycotts) ; International Salt Co. v. United States, 332 U.S. 392, 68 S.Ct. 12, 92 L.Ed. 20 (1947) , and United States v. National Lead Co., 332 U.S. 319, 67 S.Ct. 1634, 91 L.Ed. 2077 (1947) (tying arrangements) ; Timken Roller Bearing Co. v. United States, supra; Nationwide Trailer Rental System v. United States, 355 U.S. 10, 78 S.Ct. 11, 2 L.Ed.2d 20 (1957) , affirming 156 F.Supp. 800 (D.C.D.Kan.1957) , and United States v. National Lead Co., supra (division of markets) . The same rule applies to the contracts here. ”