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Constitutional Law-Validity Of Marketing Program Established Under The California Agricultural Prorate Act, Malcolm M. Davisson
Constitutional Law-Validity Of Marketing Program Established Under The California Agricultural Prorate Act, Malcolm M. Davisson
Michigan Law Review
Appellee, a producer and packer of raisins in California, alleging that enforcement of the proration marketing agreement established under the California Agricultural Prorate Act would prevent him from fulfilling sales contracts and from purchasing for sale and selling raisins in interstate commerce, brought suit in the district court to enjoin enforcement of the program for marketing the 1940 raisin crop. The marketing program was challenged as in violation of the Sherman Antitrust Act and the commerce clause of the United States Constitution and as in conflict with and superseded by the Federal Agricultural Marketing Agreement Act of 1937. The district …
Trade Restraints-Trade Associations-Open Price Agreements- Sugar Institute Case
Trade Restraints-Trade Associations-Open Price Agreements- Sugar Institute Case
Michigan Law Review
The Sugar Institute case, decided March 30, 1936, in a unanimous decision by the Supreme Court, has been eagerly awaited by those interested in 'the limits and possibilities, under the anti-trust laws, of so-called self-regulation by industry through permissible activities of trade associations. The decision has been reported to affect some 2,000 trade associations. The case presented such a diversity of practices that any decision in it gave great promise of answering some of the many perplexing questions growing out of the enforcement of the anti-trust laws, which could not heretofore be answered from the decided cases. The fact that …