William O. Douglas

“ Measures short of monopoly may have 'a salutary effect,' as for example a degree of control or supervision over prices not obtainable while the parties 'stood on their old footing of severalty.' But that relief is apt to be 'only transient,' for as the costs of production decline and growth of the industry 'catches up with the gain in economy,' the need for further controls or restraints increases. And so the restless, never-ending search for price control and other types of restraint. ”

“ Price information exchanged in some markets may have no effect on a truly competitive price. But the corrugated container industry is dominated by relatively few sellers. The product is fungible and the competition for sales is price. The demand is inelastic, as buyers place orders only for immediate, short-run needs. The exchange of price data tends toward price uniformity. For a lower price does not mean a larger share of the available business but a sharing of the existing business at a lower return. ”

“ The prices paid depend on price alternatives. Suppliers when see ing new or additional business or keeping old customers, do not exceed a competitor's price. It is common for purchasers to buy from two or more suppliers concurrently. A defendant supplying a customer with containers would usually quote the same price on additional orders, unless costs had changed. Yet where a competitor was charging a particular price, a defendant would normally quote the same price or even a lower price.
The exchange of price information seemed to have the effect of keeping prices within a fairly narrow ambit. ”