355 U.S. 382 (1958)

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U.S. Supreme Court

EMRAY REALTY CORP. v. WEAVER , 355 U.S. 382 (1958)

355 U.S. 382

EMRAY REALTY CORP., appellant,
Robert C. WEAVER, as State Rent Administrator.
No. 631.

Supreme Court of the United States

January 20, 1958

Page 355 U.S. 382 , 383

Mr. Justice DOUGLAS, with whom The CHIEF JUSTICE, Mr. Justice BLACK and Mr. Justice BRENNAN concur, dissenting.

For dissenting opinion of Mr. Justice DOUGLAS, see 355 U.S. 373, 78 S. Ct. 359.

The question in these cases is whether a person injured by a violation of 3 of the Robinson-Patman Act, 49 Stat. 1526, 15 U.S.C. 13a, 15 U.S.C.A. 13a, may sue the wrongdoer for treble damages and an injunction under 4 and 16 of the Clayton Act, 38 Stat. 730, 15 U.S.C. 15, 26, 15 U.S.C.A. 15, 26. A dictum in Bruce's Juices, Inc. v. American Can Co., 330 U.S. 743, 750, 1018, indicated that the action would lie, and Moore v. Mead's Fine Bread Co., 348 U.S. 115, sustained a recovery on that theory, though the point now at issue was neither briefed nor considered.

Section 4 of the Clayton Act allows suits for treble damages for acts forbidden by 'the antitrust laws.' Section 16 allows relief by injunction for violations of 'the antitrust laws.' The Court holds that 3 of the Robinson-Patman Act is not a part of 'the antitrust laws' as used in the Clayton Act.

We disagree. The legislative history in our opinion shows that Congress intended to permit private actions to be brought for violations of 3 of the Robinson-Patman Act.

It is true that 1 of the Clayton Act defines 'antitrust laws' as including, inter alia, the Sherman Act, 15 U.S.C.A. 1-7, 15 note, and the Clayton Act and that the Robinson-Patman Act did not in terms amend 1. It is also true that 3 of the Robinson-Patman Act does not in terms amend 2 of the Clayton Act, while 1 of the Robinson-Patman Act does. 80 Cong.Rec. 9414. The legislative history is further clouded by the fact that certain types of price discriminations are forbidden by both 11 and 3 of the Rob- [355 U.S. 382 , 384]

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