Johnson & Johnson v. Charmley Drug Co.

The opinion of the court was delivered by

Hbher, J.

The question for decision is whether the defendant Tetailer of pharmaceutical supplies in interstate commerce is in the particular circumstances a “signer” of a minimum price-fixing agreement made between the appellant corporations, Johnson & Johnson, a-manufacturer of medical and surgical supplies and dressings, and McKesson & Robbins, Incorporated, a wholesale distributor of products, of this class, within the intendment of the Miller-Tydings Amendment of the Sherman Anti-trust Act adopted August 17, 1937 (26 Stat. 209, c. 647; 50 Stat. 673,…