Brief for the United States (1914)

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PAirr XV. :U)7 The P.-ilciits ( 'n. li;is iin l)ii,viii('ss ot Iici' t li.iii 1 of li(>l(lini;' tlic piilciils 1 r;i iist'cri'cd to it hy the m;iniifacturci's. It lins been the iiisl I'imiciil hy iiicnns ol' wliicli the (Icrciidanls liax'c en !'( trcci I llic Icnns of their ('onihiiiiil ion. Its dissolution is imperative. In ruifcd Shifcs wh'cadiiu) To. ( 22(i U.S., 1524), ^Jr. flustiee Lnrton said ol* the Tenii)le Iron To., wliicli liad been formed by the defendants in that case for the })ur})ose of serving as a means (»f suppressing competition : It has been and still is an efficient agency for the collective activities of the defendant carriers for the purpose of preventing com]ietition in the transportation and sale of coal in other States. ^ * ^ 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 evil is in the combination. Without it the several groups of coal-carrying and coal-producing companies have the power and motive to compete. * * * The Temple Co., therefore, affords a powerful agency by means of which the unlawful purpose which induced its acquisition may be continued beyond the mere operation of theSimpson & Watkins collieries. In the case at ])ar the Patents Co. has no reason for its existence other than that it may serve as