Harvard business reports (1930)

Record Details:

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346 HARVARD BUSINESS REPORTS II Purpose of Petition This petition is brought under the provisions of Section 4 of the Act of Congress of July 2, 1890, entitled, "An Act To protect trade and commerce against unlawful restraints and monopolies," (26 Stat. 209), commonly known as the Sherman Antitrust Law, to prevent and to restrain the aforesaid defendants from further engaging in this district and elsewhere in the United States in violation of Section 1 of the said Act of Congress, in the conspiracy in restraint of interstate trade and commerce in motion picture films, which is hereinafter more particularly described. VI The Conspiracy The defendant and certain individuals, each well knowing all the matters and things hereinbefore alleged, unlawfully have engaged in a conspiracy in restraint of said interstate trade and commerce in motion picture films so carried on as aforesaid by said distributors and by said exhibitors of motion pictures in the United States; that is to say, a conspiracy now here described in restraint of and which throughout the period of time herein mentioned in fact had unlawfully restrained and is now restraining interstate commerce, to wit: Since on or about February 13, 1928, the defendant and certain individuals have restrained the aforesaid interstate trade and commerce in motion picture films in accordance with and pursuant to an understanding and agreement between said defendant and certain individuals: To prevent every "non theatrical" exhibitor of motion pictures from securing said films and said film sendee from any exchange located at Oklahoma City, Oklahoma, hereinbefore described, or elsewhere. And the defendant and certain individuals acting in accord — with and pursuant to an understanding and agreement between said defendant and said individuals and intending to prevent every nontheatrical exhibitor of motion pictures from securing said films and said film service from said exchanges in Oklahoma City, Oklahoma, or elsewhere, have— a. Threatened and suggested to said exchanges that the theaters which are represented by the individual members of the defendant corporation would discontinue service from any said exchange serving said "nontheatrical" exhibitors; b. Threatened and suggested to said exchanges at Oklahoma City, Oklahoma, that the theaters which are represented by the individual members of the defendant corporation would not deal with any of said exchanges serving any of said nontheatrical exhibitors; c. Adopted a resolution to fight exchanges serving nontheatrical exhibitors;