Brief for the United States (1914)

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I'AKI xin. 295 ((ill) A rcl;iil (Iralcr li.i^ t he iiiKjiH'stioiicd ri^ht to st(>|)(lr;iliim \\ ii h.-i w salcr ioi I'casons sulliciciit to liiinscir, ;in(i may do so because he tliiiiks such dcalci* is acting unfairly in tryiui^ to undcrniiuc his trade. Hut/' as was said hy Mr. Justice Lurton, speakiuir for the court in (iri inula Linn her Co. v. Mississippi (217 r. S., 4:5:^, 440), when the ])laintiffs in error coni))ine and ac^ree tliat 110 one of theui will ti'ade with any producer or wholesaler wlio shall sell t(> a consumer within the trade ran^'e of any of them, quite another case is presented. An act harmless when done by one may become a ])ublic wroiiii; when done l)y many acting in concert, for it then takes on the fonn of a conspiracy, and may ])e prohilnted or punished if the result ])e hurtful to the public or to the individual against whom the concerted action is directed.'' Wlu^n the retailer goes beyond his personal right, and, conspiring and combining with others of like purpose, seeks to obstruct the free course of interstate trade and commerce and to unduly su])press competition by placing obnoxious Avholesale dealei*s under the coercive intluence of a condemnatory re])ort circulated amimg others, actual or possible customers of the offenders, he exceeds his lawful rights, and such action brings him and those acting with him within the condemnation of the act of Congress, and the distri(*t court was right in S(^ holding. It follows that its decree must be alifirmed.