Brief for the United States (1914)

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I'Airr xvi. 309 lV\i;i WI. THE GENERAL FILM CO. IS IN AND OF ITSELF A COMBINATION IN RESTRAINT OF TRADE AND A MONOPOLY. ITS BUSINESS MUST BE DIVIDED AMONG SEVERAL SUBSTANTIALLY EQUAL, SEPARATE, DISTINCT. AND INDEPENDENT CORPORATIONS WITH WHOLLY SEPARATE OWNERS AND STOCKHOLDERS. The Su])i'('in(' Court held tliat each of six New Jei'soy corporations, nanicly, T\w American Tobacco Co., princi])al defondaiit, and five so-called accessory corporations, American Cigar Co., American Stogie Co., American Snuff Co., McAndrews & Forbes Co. (licorice monopoly) and Conley Foil Co. (tinfoil monopoly), was an unlawful combination in restraint of trade, an attempt to monopolize, and a monopolization within the first and second sections of the Antitrust Act. (221 U. S., at p. 187.) The business of each of those companies was divided among a number of corporations. Likewise in the Harvester case (f". S. v. IntenHtfioHdJ Harvester Co., decided at St. Paul, August 12, 1914, 214 Fed., 987), the court decreed the disintegration of the business of th(^ principal defendant. The Harvester Co. was a corporation created in 1902 under the laws of New Jersey for the sole purpose of taking over the interstate business of five companies engaged in selling harvesting implements theretofore competing and together controlling 85 to 90 per cent of the total harvesting business in the United States, tlu* vendors receiving in exchange for their