United States v. Cooper Corp.

We took this case because it presents the important question whether the United States may maintain an action for treble damages under § 7 of the Sherman Act.1

The complaint charged the respondents had illegally *604combined and conspired to fix collusive prices of articles purchased by the United States; alleged the money damage inflicted upon the United States thereby, and sought judgment for three times that amount. The District Court granted a motion to dismiss the complaint on the ground that the United States is not a person as the term is used in § 7 of the Sherman Act.2 The Circuit Court…