William R. Day

William R. Day

Summary

Portrait of William R. Day William R. Day ..

From this course of conduct a court may infer-indeed, cannot escape the conclusion-that competition among retail distributors is practically suppressed for all who would deal in the company's products are constrained to sell at the suggested prices. Jobbers and wholesale dealers who would supply the trade may not get the goods of the company, if they sell to those who do not observe the prices indicated or who are on the company's list of undesirables until they are restored to favor by satisfactory assurances of future compliance with the company's schedules of resale prices.
Source: Wikisource

Portrait of William R. Day William R. Day ..

It is for the courts, not the Commission, ultimately to determine as matter of law what they include. They are clearly inapplicable to practices never heretofore regarded as opposed to good morals because characterized by deception, bad faith, fraud or oppression, or as against puble policy because of their dangerous tendency unduly to hinder competition or create monopoly.
Source: Wikisource

Portrait of William R. Day William R. Day ..

By these decisions it is settled that in prosecutions under the Sherman Act a trader is not guilty of violating its terms who simply refuses to sell to others, and he may withhold his goods from those who will not sell them at the prices which he fixes for their resale.
Source: Wikisource

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