United States v. Chas. Pfizer & Co., Inc., American Cyanamid Company and Bristol-Myers Company

MOORE, Circuit Judge.

Chas. Pfizer & Co., Inc. (Pfizer), American Cyanamid Company (Cyanamid) and Bristol-Myers Company (Bristol) appeal from convictions after a jury trial for violations of the Sherman Act (15 U.S.C. §§ 1, 2). The indictment contained three counts, (I) “Combination and Conspiracy in Restraint of Trade”; (II) “Combination and Conspiracy to Monopolize”; and (III) “Monopolization.” The defendants were found guilty on all three counts.

Two co-conspirators were named in the indictment, Olin Mathieson Chemical Corporation (Squibb) and The Upjohn Company (Upjohn). The chief executive…