Brief for the United States (1914)

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I'AIM \V|. it' a (MHiil>iiial ioii williiii ihc piiiNicw of tin* statute was cicatcd. 11iat it was a ronihinalioii (»r li\(' ('(Hii))aiii('s is clcai*. 'I'iic fact that this (MHiihiiiation took the t'orni ol' a new corpoi-at ion is innnatci'ia I. * • * Wast his (M)inhiiiat ion ill rest i-a i lit of t ra(h' ! It substantially suppressed all coniix'tit ion l)et\veen tlie tive eompaiiies, and the resti'aint of ('()ni])otition hetwccn conihinin^ (•()ni])anies is as illc^'al as (Icstiaictioii of competition between thcni without combining. * * ^ The International by suppressing all competition betwecni the five original companies was in restraint of trade as prohibited in the tirst section of tlie Shemian law, and it tended to monopolize within the meaning of the second section of the same law, and this restraint and this monopoly were the direct and immediate eftect of the consolidation and were not incidental and uncertain in their effect. * ^ ^ We conclude that the International Harvester Co. was from the begiiming in violation of the tirst and second sections of the Sherman law, and that this condition was accentuated by the reorganization of the American Co. and by the subsequent acquisitions of competing plants, and that all the defendant subsidiary com])ani(^s became from time to time parties to the illegal combination, and the defendant companies are combined to nionopolizi* a ])art of the interstate and foreign trade.