Petroleum Marketing Divorcement: Hearings Before the Subcommittee...on S. 2879 and S. 3752...March 31, April 5, 20, and 21, 1938

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165 페이지 - That no corporation engaged in commerce shall acquire directly or indirectly, the whole or any part of the stock or other share capital of another corporation engaged also in commerce, where the effect of such acquisition may be to substantially lessen competition between the corporation whose stock is so acquired and the corporation making the acquisition, or to restrain such commerce in any section or community, or tend to create a monopoly of any line of commerce.
3 페이지 - interstate commerce" means commerce between any point in a state and any point outside thereof, or between points within the same state but through any place outside thereof, or from any place in the United States to a foreign country, but only insofar as such commerce takes place within the United States. (4) The term "person" includes an individual, partnership, corporation, or joint-stock company.
166 페이지 - States shall have exclusive jurisdiction of violations of this title or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by this title or the rules and regulations thereunder.
4 페이지 - Any such suit or action may be brought in the district wherein the defendant is found or is an inhabitant or transacts business, or in the district where the offer or sale took place, if the defendant participated therein, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found.
131 페이지 - Amendment 2 is itself instructive; "[discriminations of an unusual character especially suggest careful consideration to determine whether they are obnoxious to the constitutional provision.
5 페이지 - ... and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. Judgments and decrees so rendered shall be subject to review as provided in sections 128 and 240 of the Judicial Code, as amended (USC, title 28, sees. 225 and 347).
131 페이지 - It is impossible for us to shut our eyes to the fact that many of the laws of this character while passed under what is claimed to be the police power for the purpose of protecting the public health or welfare, are, in reality, passed from other motives.
5 페이지 - Any criminal proceeding may be brought in the district wherein any act or transaction constituting the violation occurred.
132 페이지 - ... doing things which may tend to monopoly, inhibit plaintiff in error from carrying on its business in the usual way heretofore regarded as both moral and beneficial to the public and not shown now to be accompanied by evil results as ordinary incidents.' Former decisions here require a negative answer. We think the inhibition of the statute has no reasonable relation to the anticipated evil — high bidding by some with purpose to monopolize or destroy competition. Looking through form to substance,...
161 페이지 - On the same principle, where goods are purchased in one State for transportation to another, the commerce includes the purchase quite as much as it does the transportation (American Express Co.

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