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" To determine that question the court must ordinarily consider the facts peculiar to the business to which the restraint is applied; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable.... "
United States Circuit Courts of Appeals Reports: With Key-number Annotations ... - Page 600
1920
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Federal Anti-trust Decisions, Volume 10

United States. Courts - 1928 - 1244 pages
...because a good Intention will save otherwise objectionable regulation, or the reverse, but because edge of intent may help the court to Interpret facts and to predict consequences. " Persons have a right to associate for the purpose of advancing their own Interests, by discriminating...
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Supreme Court Reporter, Volume 38

United States. Supreme Court - 1918 - 636 pages
...before and after the restraint was imposed ; the nature of the restraint and Its effect, actual or probable. The history of the restraint, the evil believed...or the reverse; but because knowledge of Intent may I« help the court to interpret facts and to pre[jdict consequences. The District Court erred, •...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1918 - 810 pages
...condition before and alter the rent mint was imposed, the nature of the restraint and its effect, actual or probable. The history of the restraint, the evil believed...end sought to be attained, are all relevant facts, not because a good intention will save an otherwise objectionable regulation or the reverse, but because...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 246

United States. Supreme Court - 1918 - 808 pages
...condition before and after the restraint was imposed, the nature of the restraint and its effect, actual or probable. The history of the restraint, the evil believed...end sought to be attained, are all relevant facts, not because a good intention will save an otherwise objectionable regulation or the reverse, but because...
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Federal Trade Commission Decisions, Volume 3

United States. Federal Trade Commission - 1921 - 684 pages
...exist, the reason for adopting the particular remedy, the purpose or end sought to be attained, and all relevant facts. This Is not because a good intention...court to interpret facts and to predict consequences.' " 100. " In applying the statute It must be Judicially determined what the effect may be. This judgment...
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Acts from which the Commission Derives Its Powers, with Annotations ...

United States. Federal Trade Commission, United States - 1922 - 212 pages
...before and after the restraint was imposed ; the nature of the restraint, and its effect, actual or probable. The history of the restraint, the evil believed...remedy, the purpose or end sought to be attained, and all relevant facts. This is not because a good intention will save an otherwise objectionable regulation...
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Cases on Trade Regulation: Selected from Decisions of English and ..., Part 1

Herman Oliphant - 1923 - 1114 pages
...condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable. The history of the restraint, the evil believed...court to interpret facts and to predict consequences. The District Court erred, therefore, in striking from the answer allegations concerning the history...
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The Federal Trade Commission: A Study in Administrative Law and Procedure

Gerard Carl Henderson - 1924 - 408 pages
...before and after the restraint was imposed ; the nature of the restraint and its effect, actual or probable. The history of the restraint, the evil believed...may help the court to interpret facts and to predict consequences.26 Here is a frank rejection of any rigid legal criterion of reasonableness. Purpose is...
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Trade Associations: Their Economic Significance and Legal Status

National Industrial Conference Board - 1925 - 416 pages
...or probable. The history of the restraint, the evil believed to exist, the reason for adopting that particular remedy, the purpose or end sought to be...court to interpret facts and to predict consequences." 1 Through the adoption of the rule of reason the courts were clothed with a large measure of discretion...
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The American Economic Review, Volume 16

1926 - 510 pages
...before and after the restraint was imposed ; the nature of the restraint and its effect, actual and probable. The history of the restraint, the evil believed to exist, the reason for adopting that particular remedy, the purpose or end sought to be attained are all relevant facts."' On the basis...
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