William O. Douglas

“ As the majority points out, by seeing that employers sell at prices covering all their costs, a union can insure employer solvency and make more certain employee collection of wages owed them. In addition, assuring that competing employers charge at least a minimum price prevents price competition from exerting downward pressure on wages. On the other hand, price competition, a significant aid to satisfactory resource allocation and a deterrent to inflation, would be substantially diminished if industry-wide unions were free to dictate uniform prices through agreements with employers. ”

“ More appropriately, the Court should leave to Congress the task of making special provisions in the antitrust laws for the special circumstances of the music industry. On more than one occasion Congress has seen to it that the full rigors of the antitrust laws are not felt by industries which cannot survive under competitive conditions. ”

“ These leaders are merely independent businessmen, performing no 'labor group' work, and the union has no proper interest in regulating their activities. Even though the District Court found that the union imposed its rules on these leaders. I believe the facts as found below demonstrate that the union formed a combination with those independent businessmen. [3] If the union and employers combined, I have no doubt that some of the regulations agreed upon were unlawful restraints of trade. ”