The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-01-23
UNFAIR PRACTICES
COVERED IN PLAN
Supplement tn Sherman Law
FOrbids Undertaking to
Stifle Competition.
REDRESS FOR THE INJURED
Measure Tends to stop RccOup-
ing Of Losses Where No
Competition Exists.

WASHINGTON. Jan. 22.--The trade re-
lations bill. which forbids unfair trade
practices, follows:
TO supplement an act entitled AN act
to protect trade and commerce against
unlawful restraints and monopoiies'
otherwise known az the Sherman law APP
proved July 2, 1880.
That the act approved July 2, 1890. en-
titled IAN act to protect trade and COM
rnerce against unlawful restraints and
monopolies' Is hereby supplemented by
adding thereto the following
Sec. 8. That it snail be deemed an at
tempt to monopolize trade or commerce
among the several states. or with foreign
nations or a part thereof, for any person
in Interstate or foreign commerce to dis
criminate in price between different pur-
chasers of commodities in the same or diff
ferent sections or communities with the
purpose or intent to thereby in1ure or de-
stroy n competitor. either OF such pur-
chaser or of the seller. provided. that
nothing herein contained shall prevent dis
elimination in price between purchasers
OF commodities on account OF differences
in the grade, quality or quantity or the
commodity sold, or that makes only due
allowance for difference in the cost OF
transportation.
And provided further. that nothing
herein contained shall prevent persons en-
gagged in selling goods, wares or mer-
chandise In interstate or foreign com
merce from selecting their own customers.
but this provision shall not authorize the
owner or operator OF any mine engaged
in selling its product in interstate or for
eign commerce to refuse arbitrarily to sell
the same to "A responsible person. firnl or
corporation who applies to purchase.
Attem to Monopolise.
Section 10.-Thai 1t shall be deemed an
attempt to monopolize trade or commerce
among several States. or with foreign ma
tiuns or "a part thereof, for any person in
interstate or foreign commerce to make a
sale OF goods wares or merchandise or
fix "A price charged therefor or discount
from or rebate upon such price on the
condition or understanding that the pur-
chaser thereof shall not deal In the goods,
wares or merchandise of a competitor or
competitors of the seller.
Section II. That nothing contained In
section or section 10 hereof shall be
taken or held TO limit or in any way cur
tail the meaning and effect OF the pro-
visions of section Of this act.
Section IL. That whenever In any suit
or proceeding. civil or criminal. brought
by or on behalf OF tn, Government under
the provisions OF this act a Anal Judgment
or decree shall have been rendered TO the
effect that a defendant in violation of the
provisions of this act has entered into a
contract combination in form of trust or
otherwise, or conspiracy In restraint OF
trade. or commerce among the several
States or with foreign nations. or has
monopolized or attempted to monopolize,
or combined with any person or persons
TO monopolize any part OF the trade or
commerce among the several States or
with foreign nations. the existence of such
Illegal contract, combination or con-
spiracy in restraint of trade, OF OF such
attempt or conspiracy in restraint Of
trade. or Of such attempt or conspiracy to
monopolize. shall to the full extent to
which such judgment or decree would
constitute in any other proceeding an es-
. TOPPED as between the Government and
such person. constitute. against such
defendant conclusive evidence OF the same
! facts and be conclusive as to the same
! issues OF law in favor OF any other part
| in any other proceeding brought under or
| involving the provisions OF this act.