William O. Douglas

“ The mere fact that a competitor offered the lower price does not mean that Standard can lawfully meet it. Standard's system of price discrimination, shown not to be in 'good faith,' cannot be justified by showing that competitors were using the same system. ”

“ It is argued, however, that the discrimination in favor of the big retailers and against the small ones is justified on the ground that Standard did no more than meet competition.
To repeat, Standard has given lower prices to some retailers than to others by labeling the favored retailers as 'jobbers,' when in fact they are not 'jobbers.' It seems impossible to justify the statutory burden of showing 'good faith' by reliance upon such a plainly deceptive contrivance as that. ”

“ If this proviso were construed to permit the showing of a competing offer as an absolute bar to liability for discrimination, then it would nullify the act entirely at the very inception of its enforcement, for in nearly every case mass buyers receive similar discriminations from competing sellers of the same product. One violation of law cannot be permitted to justify another. ”