Brief for the United States (1914)

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306 PART XV. These figures demonstrate, perhaps more clearly than any other evidence in this regard, the unlawfulness of the combination of defendants. In our view they prove conclusively the continuance and present existence of the monopoly created in December, 1908, although they were introduced by the defendants in an effort to prove that they no longer enjoy the monopoly they formerly possessed. As appears many times in the evidence, the licensed theaters are not allowed to show independent pictures. To put it another way, every independent producer or importer of positive films in the United States is barred from selling his product to the thousands of licensed theaters. The independents are shut off from this market owing to the combined action of the ten manufacturers working through their instrumentality the Patents Co. This operates as a direct and substantial and undue restraint upon the interstate commerce of each of said independents. To this effect are the following cases : Loewe v. Lawlor, 208 U. S., 274, 293, 301. U. S. V. Fatten, 226 U. S., 525 at 541. See quotation from the opinion of the court, supra. Part XTTI, p. 272. Lumber Dealers Assn. v. U, S., 234 U. S., 600, 611. Quotation supra, p. 293. Steers V. TJ. ,S\, 192 Fed., 1.