Corporations-Officers and Directors-Liability for Representative Acts Under the Sherman Act

An indictment brought under section 1 of the Sherman Act charged appellee and the corporation that employed him with conspiracy to eliminate price competition in the greater Kansas City milk market. Appellee was charged solely, in his capacity as officer, director or agent of the corporation. The district court dismissed the indictment on the ground that natural persons are indictable under section 1 of the Sherman Act only for acts done on their own account. On direct appeal to the Supreme Court, held, reversed and remanded.

A corporate officer is liable under section 1 of the Sherman Act whether he acted on his own account or solely in a representative capacity. United States v. Wise, 370 U.S. 405 (1962).