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268
PART XIII.
Northern Securities Co. 197 U. S., 244, 291.) So long as the defendants are able to exercise the power thus illegally acquired, it may be most efficiently exerted for the continued and further suppression of competition. Through it the defendants, in combination, may absorb the remaining output of independent producers. The e^dl is in the combination. "Without it the seyeral groups of coal-carrying and coal-producing companies haye the power and motiye to compete. * * * The Temple Company, therefore, affords a powerful agency by means of which the imlawful purpose which induced its acquisition may be continued beyond the mere operation of the Simpson & Watkins collieries.
The petition alleged and the eyidence established a concerted scheme on the part of the defendants to control the sale of the independent output by means of a series of identical contracts between interstate carriers and a great majority of the independent coal operators, under which contracts the carriers were to market all the coal of the independents for all time at an agreed percentage of tidewater price. Defendants insisted that thc^se contracts were but the outgrowth of conditions peculiar to the anthracite coal region, while the Goyernment maintained that they were the result of a concerted plan between defendants to secui'e control of the independent coal and su|)])ress competition.
Mr. Justice Lurton said :
(857) Tt is not essential that these contracts considered singly be unlawful as in restraint of trade. So considered, they may