TRADE RESTRAINTS--ANTI-TRUST LAWS-TYING CONTRACTS--RIGHT OF SELECTION OF CUSTOMERS

Buchman, III, John F.

Journal: Michigan Law Review

Volume: 46

First Page: 576

Year: 1948

Bluebook Citation: 46 MICH. L. REV. 576 (1948)

Author: Iii John F. Buchman: all 3 publications


Abstract

Defendant, one of the country's largest producers of salt for industrial uses, held patents on two machines for utilization of salt products. It leased these machines on condition that the lessee purchase from defendant all the salt (an unpatented product) to be used with the machines unless salt should become available elsewhere at a lower price. The federal government brought suit under the Sherman and Clayton Acts to enjoin the continued observance of these provisions of the lessee. The district court granted the injunction and ordered that defendant, if offering any machines at all for lease, offer the same to any and all applicants on nondiscriminatory terms.

On direct appeal to the Supreme Court of the United States, held, affirmed. Three justices dissented as to the latter part of the decree. International Salt Co., Inc. v. United States, (U.S. 1947) 68 S.Ct. 12.

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