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Supreme Court of the United States
Argued January 3, 4, 5, 6, 1910; restored to docket for reargument April 11, 1910; reargued January 9, 10, 11, 12, 1911. ; May 29, 1911, Decided
Nos. 118, 119.
[*142] [**633] [***679] MR. CHIEF JUSTICE WHITE delivered the opinion of the court.
This suit was commenced on July 19, 1907, by the United States, to prevent the continuance of alleged violations of the first and second sections of the Anti-trust Act of July 2, 1890. The defendants were twenty-nine individuals, named in the margin, 1 sixty-five American [*143] corporations, most of them created in the State of New Jersey, and two English corporations. For convenience of statement we classify the corporate defendants, exclusive of the two foreign ones, which we shall hereafter separately refer to, as follows: [****60] The American Tobacco Company, a [**634] New Jersey corporation, because of its dominant relation to the subject-matter of the controversy as the primary defendant; five other New Jersey corporations (viz., American Snuff Company, American Cigar Company, American Stogie Company, MacAndrews & Forbes Company, and Conley Foil Company), because of their relation to the controversy as the accessory, and the fifty-nine other American corporations as the subsidiary defendants.
The ground of complaint against the American Tobacco Company rested not alone upon the nature and character of that corporation and the power which it exerted directly over the five accessory [****61] corporations and some of the subsidiary corporations by stock ownership in such corporations, but also upon the control which it exercised over the subsidiary companies by virtue of stock held in said companies by the accessory companies by stock ownership in which the American Tobacco Company exerted its power of control. The accessory companies were impleaded either because of their nature and character or because of the power exerted over them through stock ownership by the American Tobacco Company and also because of the power which they in turn exerted by stock ownership over the subsidiary corporations, and finally the subsidiary corporations were impleaded either because of their nature or because of the control to which they were subjected in and by virtue of the stock ownership above stated. We append in the [***680] margin a statement showing [*144] the stock control exercised by the principal defendant, the American Tobacco Company, over the five accessory corporations and also the authority which it directly exercised over certain of the subsidiary corporations, and a list showing the control exercised over the subsidiary corporations as a result of the stock [****62] ownership in the accessory corporations, they being in turn controlled as we have said by the principal defendant, the American Tobacco Company. 2
[****63] [*145] [***681] The two foreign corporations were impleaded either because of their nature and character and the operation and effect of contracts or agreements with the American Tobacco [*146] Company, or the power which it exerted over their affairs by stock ownership.
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221 U.S. 106 *; 31 S. Ct. 632 **; 55 L. Ed. 663 ***; 1911 U.S. LEXIS 1726 ****
UNITED STATES OF AMERICA v. AMERICAN TOBACCO COMPANY.; AMERICAN TOBACCO COMPANY v. UNITED STATES OF AMERICA.
Prior History: [****1] APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK.
THE facts, which involve the construction of the Antitrust Act of July 2, 1890, and the question whether the acts of the defendants amounted to a combination in restraint of interstate commerce in tobacco, are stated in the opinion.
tobacco company, manufacture, tobacco, stock, Snuff, decree, monopolize, Cigar, stock ownership, restrained, contracts, combinations, accessory, parties, plants, enjoined, percent, prohibitions, competitors, undisputed, resort, restraint of trade, commerce, shares, words, subsidiary corporation, interstate, exerted, plug tobacco, Stogie
Antitrust & Trade Law, Price Fixing & Restraints of Trade, Per Se Rule & Rule of Reason, General Overview