The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

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30 OKIGINAL PETITION. upon breach of any of its terms. This provision defendants after the formation of the General Film Company proceeded at once to invoke. Between Aprils 1910, and January 1, 1912, defendants, through the General Film Company, acquired the business or cancelled the license of every licensed rental exchange in the United States, except one, paying therefor $2,243,089 in cash and notes and $794,800 in preferred stock. During this period the General Film Company purchased 57 exchanges, paying therefor the sum just stated. Since its organization the Patents Company has cancelled the licenses of and driven out of business 42 exchanges, of which 21 were cancelled after the General Film Company commenced business. The result of the conspiracy of defendants is that to-day, of all the exchanges doing business in the United States December 18, 1908, only one, the Greater New York Film Company, survives. The latter company refused to sell out, whereupon the defendants, through the Patents Company, cancelled its license, but under the protection of a decree issued by the United States District Court in New York against defendants it is still able to obtain the films of defendants. The General Film Company was incorporated by defendants solely as an unlawful instrumentality to effect the illegal purposes of defendants, and in order that it, in cooperation with the Motion Picture Patents Company, might drive out of business and interstate and foreign commerce in the United States all rental exchanges and absorb their businesses and profits and thereby enable the defendants to further monopolize commerce relating to the motion-picture art. The General Film Company became on its incorporation and has ever since been a combination in restraint of trade and commerce between the States and a monopolization thereof.