William O. Douglas

“ Unless Allen Bradley is either overruled or greatly impaired, the unions can no more aid a group of businessmen to force their competitors to follow uniform store marketing hours than to force them to sell at fixed prices. Both practies take away the freedom of traders to carry on their business in their own competitive fashion.
My Brother WHITE'S conclusion that the concern of the union members over marketing hours is 'immediate and direct' depends upon the there being a necessary connection between marketing hours and working hours. ”

“ It is said that even if night self-service could be carried on without butchers, still the union interest in store hours would be immediate and direct because competitors would have to stay open too or be put at a disadvantage-and some of these competitors would be non-self-service stores that would have to employ union butchers at night. ”

“ If, in the present case, the employers alone agreed not to sell meat from 6 p.m. to 9 a.m., they would be guilty of an anticompetitive practice, barred by the antitrust laws. Absent an agreement or conspiracy, a proprietor can keep his establishment open for such hours as he chooses. ”