Eddy, Arthur Jerome: The new competition: an examination of the conditions underlying the radical change that is taking place in the commercial and industrial world ; the change from a competitive to a cooperative basis (New York [u.a.], 1912)

BRUTAL COMPETITION

7i
of any type or types of lamps not protected by lawful pat-
ents.”
Apply that, say, to the maker of a razor that is pat-
ented, who also makes a line of razors that are not pat-
ented; according to old-time notions he could sell all or
any of his goods to any one willing to buy, or he could
refuse to sell with or without a reason, or he could say, “I
won’t sell you my patented razors unless you buy from
me all the barber’s supplies you need.”
Under the new theory he may be enjoined from “utiliz-
ing” his patented razor as a means to force the sale of his
supplies and unpatented articles.
To be sure, this particular decree does not go so far as
to lay down the corollary of its proposition, namely: that
any party desiring the patented article shall have the right
to come into court and compel the maker to sell it to him
at a reasonable price; but logically that right is implied in
the proposition that no maker shall refuse to sell for a
particular reason, since, as already suggested, he may re-
fuse and give no reason. As the matter now stands the
aggrieved buyer of electric lamps can bring these particu-
lar defendants into court only when they refuse to sell and
give a bad reason for refusing to sell, to wit: the reason
the court holds objectionable.

XII
3. “The defendants and each of them are enjoined
from offering or making more favorable prices or terms
of sale for incandescent electric lamps to the customers of
any rival manufacturer or manufacturers than it at the
same time offers or makes to its established trade zvhere
the purpose is to drive out of business such rival manu-
facturer or manufacturers * * * provided that no de-