Apex Hosiery Company v. Leader

In Apex Hosiery Co. v. Leader, 310 U.S. 469, 60 S.Ct. 982, 84 L.Ed. 1311 (1940), the Supreme Court stated that the Sherman Act "was not enacted to police interstate transportation, or to afford a remedy for wrongs, which are actionable under state law, and result from combinations and conspiracies which fall short, both in their purpose and effect, of any form of market control of a commodity, such as to 'monopolize the supply, control its price, or discriminate between its would-be purchasers.' " In Apex Hosiery Company v. Leader, 310 U.S. 469, page 487, 60 S.Ct. 982, page 988, 84 L.Ed. 1311, 128 A.L.R. 1044 (1940), the court addressed itself to the specific question "whether a conspiracy of strikers in a labor dispute to stop the operation of the employer's factory in order to enforce their demands against the employer is the kind of restraint of trade or commerce at which the Sherman Act is aimed", and the question was answered in the negative. The Court noted "(t)hat the objective of the restraint in the boycott cases was thought to be immaterial because the Court viewed the restraint itself to be of a kind regarded as offensive at common law because of its effect in curtailing a free market and it was held to offend against the Sherman Act because it effected and was aimed at suppression of competition ."