Trust Laws and Unfair Competition

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U.S. Government Printing Office, 1916 - 832ÆäÀÌÁö
Compares United States and foreign laws on industrial trusts, monopolies, and unfair competition.

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Lawlor or Danbury Hatters Case
93
Holding companies
103
Agreements to apportion output
109
Patents Use in violation of Sherman Law
115
Bennett et al 63 Kans 653 726 731
119
Character of judicial proceedings under the actContinued Page
122
Federal Trade Commission Act
128
Introductory
143
Attorney General v Consolidated Gas Co 124 N Y App Div 401
147
Restraint of trade
150
Grand Union Tea Co v Dodds 164 Mich 50 358 361
157
Lund L R 1874 18 Eq 330 394
160
Emerson 165 Mass 146 513
164
Leavitt 18 R P C 361 438
172
Barataria Canning Co v Joulian 80 Miss 555
174
Moorhead 7 Pa Co Ct 513 513
184
The New Castle Carlisle Ry Co and the Northeastern Ry Co 5
238
Duncan Co 1909 Weekly Notes 51 286
244
AustraliaContinued Page
246
Colombia
297
China
298
International law
299
UNFAIR METHODS OF COMPETITION FROM THE BUSINESS AND ECONOMIC VIEWPOINT Sec 1 Introductory
301
Kinds of competition
302
Inequalities in size and other circumstances of competitors
303
Use of the term Unfair competition and other like terms
306
List of methods of competition which have been regarded as unfair
310
Local price cutting
311
Onecommodity price cutting
313
Price reduction in general
314
Excessive credits
315
Special advantages in transportation rebates etc
316
Fixing resale prices
317
Bogus independents
318
Exclusivedealing requirements
319
Fullline forcing
321
Inducing breach of contract
322
Enticement of competitors employees
323
Secret commissions
325
Abuses in advertising
326
Passing off goods for those of another
327
Shutting off competitors credit
328
Acquiring stock in competing companies for purpose of reducing or destroying competition
329
Fixing channels of trade
330
UNFAIR COMPETITION AT THE COMMON LAW Sec 1 Introductory
332
Intimidation obstruction and molestation of competitors or their
334
Inducing breach of competitors contracts
335
American decisions
336
Inducing breach of competitors contractsContinued
338
Walford 9 A E 197 460
340
Board of Trade v Tucker 221 Fed 305 368
342
Enticing employees from the service of competitors
346
Astor et al 4 Moore C P 12
348
Aberthaw Construction Co v Ransome 192 Mass 434 394
352
English decisions
364
Gust Feist Co v Albertype Co 109 S W 1139 151
365
Cook Bernheimer Co v Ross et al 73 Fed 203 443
367
Dunn Co 10 R P C 261 452
369
Crosby 37 Vt 188 411
371
National Cash Register Co 100 Ga 213
372
Speer 166 S W 1183 341
374
Exchange Telegraph Co v Howard et al 22 Times Law Reps 375
375
English and colonial decisions
377
Buffalo Lubricating Oil Co v Everest 3 How Prac Rep N S 179 347
411
Ex parte Drexel 147 Cal 763 516
413
Bell Bogart Soap Co v Petrolia Mfg Co 54 N Y Supp 353
416
Thacher 19 Pickering 51 32
420
Bell 1910 Transvaal Leader Law Reps 331 379
422
Competing with purchaser after sale of business and good will
423
Farquhar Co Ltd v National Harrow Co 102 Fed 714 392
424
Dunlop Pneumatic Tyre Co v Dunlop Motor Co L R 1907 A C 430 450
427
Flood L R 1898 A C 1 345 348
428
Cummings r Union Blue Stone Co et al 164 N Y 401 176
430
Passing off the goods of one manufacturer or dealer as those of another
431
American Clay Mfg Co v American Clay Mfg Co 198 Pa St 189 507
435
Butterick Publishing Co v Rose 141 Wis 533 173
437
Fitch r De Young 66 Cal 339 372
440
Southwick 9 Johns 44 380
441
Daly Irish Reports Chancery 1910 p 306 235
444
Eastman Kodak Co v Reichenbach et al 79 Hun 183 349 354 355
450
Fonotipia Co Ltd et al v Bradley 171 Fed 951 368
461
FEDERAL STATUTES RESPECTING UNFAIR
462
Discriminations
464
METHODS OF COMPETITION PROHIBITED BY DECREES UNDER
478
Use of certain articles as a condition of purchase or use of other
486
Defamation of competitors and disparagement of competitors goods
492
Coercion threats and intimidation
494
Elliott Machine Co v Center 227 Fed 124
497
Legislation prohibiting importation of articles bearing deceptive trade
501
Anchor Electric Co v Hawkes 171 Mass 101 27
505
Swearingen 6 S C 297 348
513
Lusk Ct Com Pleas Richmond Co S C September 1909
515
UNFAIR COMPETITION IN FOREIGN COUN
529
England and Colonies
533
Applebys Alfred Twin Roller Chain Ltd v Albert Eadie Chain Ltd
544
SPECIAL LAWS
559
Law of 1905
567
Confusion as to product
573
Price cutting
579
Divulging secrets 58
585
Italy 59
595
ItalyContinued Page
598
SPECIAL LAWS
621
GENERAL PROVISIONS
647
Compelling price maintenance by boycott or intimidation
653
Creating confusion
659
Austria
663
Norway
675
Turkey
686
International agreements regarding unfair competition
697
International agreements regarding unfair competitionContinued Page
700
Price control
717
Kane et al 34 Fed 46 391
718
Prevention of sales
724
Empire Steam Laundry v Lozier 130 Pac 1180 357 358 361
730
Allotment of customers and division of territory
731
April et al v Baird et al 32 N Y App Div 226 402
733
Exhibit A Canadian Combines Investigation Act 1910
737
Exhibit B Australian Industries Preservation Act 19061910
746
Australian InterState Commission Act 1912
756
German law concerning the sale of potash salts of May 25 1910
770
Exhibit E Italian law concerning the establishment of a compulsory associa
781
Exhibit F Russian laws regulating the production and sale of sugar
789
Exhibit H Brazilian coffee valorization agreements laws etc
797
German law against unfair competition of June 7 1909
806
INDEX
813

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117 ÆäÀÌÁö - ... (f) To make public from time to time such portions of the information obtained by it hereunder, except trade secrets and names of customers, as it shall deem expedient in the public interest ; and to make annual and special reports to the Congress and to submit therewith recommendations for additional legislation ; and to provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use.
129 ÆäÀÌÁö - ... ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value ; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any...
122 ÆäÀÌÁö - ... 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.
129 ÆäÀÌÁö - And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do...
118 ÆäÀÌÁö - The person, partnership, or corporation so complained of shall have the right to appear at the place and time so fixed and show cause why an order should not be entered by the commission requiring such person, partnership, or corporation to cease and desist from the violation of the law so charged in said complaint...
71 ÆäÀÌÁö - ... to prevent and restrain such violations. Such 'proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case ; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed...
121 ÆäÀÌÁö - ... unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality...
71 ÆäÀÌÁö - SEC. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the attorney-general, to institute proceedings in equity to prevent and restrain such violations.
484 ÆäÀÌÁö - Provided, That nothing herein contained shall prevent discrimination in price between purchasers of commodities on account of differences in the grade, quality, or quantity of the commodity sold, or that makes only due allowance for difference in the cost of selling or transportation, or discrimination in price in the same or different communities made in good faith to meet competition...
487 ÆäÀÌÁö - ... nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs: Provided, that wherever the word "carrier" occurs in this Act it shall be held to mean "common carrier.

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