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I. DETAILS OF THE INDICTMENT
This is a prosecution instituted at the instance of the AttorneyGeneral of this Province under The Combines Investigation Act, R.S.C. cap. 26, and also under Sec. 498 of the Criminal Code.
The indictment charges 15 corporations and 83 individuals with the matters complained of, but as to one of the corporations, viz. Tiffany Productions of Canada, Limited, that corporate body was not served and is not proceeded against here.
The indictment contains three counts. The first count is to the following effect: that Famous Players Canadian Corporation, Limited, and all the other corporations and individuals charged, in the years 1924 to 1930 inclusive at the City of Toronto and elsewhere in the Province of Ontario unlawfully were parties to or privy to or knowingly assisted in the formation or operation of a combine which has operated or was likely to operate to the detriment or against the interests of the public, to wit, producers, consumers or others and which resulted from an actual or tacit contract, agreement, arrangement or combination between themselves and with one another and with upwards of 100 other corporations and individuals named, and which had or was designed to have the effect of preventing or lessening competition in or substantially controlling within Ontario or generally the purchase, barter, sale or supply of positive proofs or films of moving pictures or talking films contrary to The Combines Investigation Act.
The second count charges that the accused did unlawfully conspire, combine, agree or arrange together and with one another or with the same hundred odd corporations that were not charged, to unduly prevent or lessen competition in the purchase, barter, sale or supply of articles or commodities which may be the subjects of trade or commerce to wit, positive proofs or films of moving pictures or talking films contrary to the Criminal Code, sec. 498, sub-sec.1(d).
Third count charges that the accused did unlawfully conspire, combine, agree or arrange together and with one another or with the same hundred odd corporations that were not charged to unduly prevent or lessen competition in the purchase, barter, sale or supply of articles or commodities which may be the subjects of trade or
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