United States v. Wise

I join in the opinion of The Chief Justice with some additional observations, believed warranted by the circumstance that the holding below has since been followed by five District Courts, with only two others to the contrary.1

*417The language of § 1 of the Sherman Act, providing a penalty for “every person” who engages in a conspiracy or makes a contract in restraint of trade, of course presents a serious obstacle to appellee’s contention that he cannot be prosecuted thereunder. I agree with the Court that § 8, defining “person” to include corporations and associations, does not imply the…