United States v. Borden Co., 347 U.S. 514 (1954). · Go Syfert
United States v. Borden Co., 347 U.S. 514 (1954). Cases Citing This Book View Copy Cite
472 citation events (82 in the last 25 years) across 50 distinct courts.
Strongest positive: Mr. Eddie I. Sierra v. City of Hallandale Beach Florida (ca11, 2021-05-06)
Treatment trajectory · 1954 → 2026 · click a year to view as-of
1954 1990 2026
Top citers, strongest first. 43 distinct citers.
discussed Cited as authority (verbatim quote) Mr. Eddie I. Sierra v. City of Hallandale Beach Florida
11th Cir. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the government seeks its injunctive remedies on behalf of the general public
examined Cited as authority (quoted) Fjord v. AMR Corp. (In re AMR Corp.) (3×)
Bankr. S.D.N.Y. · 2015 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the government seeks its injunctive remedies on behalf of the general public; the private plaintiff ... may be expected to exercise it only when his personal interest will be served.
discussed Cited as authority (rule) Demartini v. Microsoft Corporation
N.D. Cal. · 2023 · confidence medium
Stores Co., 495 U.S. 271, 296 (1990); United 9 States v. Borden Co.¸ 347 U.S. 514, 518 (1954). 10 Microsoft moves to dismiss for (1) lack of Article III standing, (2) lack of irreparable 11 harm, and (3) failure to state a claim. 12 A. Article III Standing 13 Plaintiffs bear the burden of alleging their Article III standing to pursue their claim.
discussed Cited as authority (rule) Demartini v. Microsoft Corporation (2×)
N.D. Cal. · 2023 · confidence medium
Stores Co., 495 U.S. 271 , 18 296 (1990); United States v. Borden Co., 347 U.S. 514, 518 (1954). 19 I.
discussed Cited as authority (rule) iMortgage Services LLC v. Louisiana Real Estate Appraisers Board
M.D. La. · 2023 · confidence medium
Now the Court must answer the question that the voluntary cessation test poses— namely, whether the “allegedly wrongful behavior reasonably [could] be expected to recur.”47 The Court finds that the threat of future enforcement action by the FTC, including civil penalties and associated legal costs, precludes a reasonable expectation that the 40 Id. at 528 (quoting Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Found., Inc., 484 U.S. 49, 60 (1987)). 41 Id. (citing 33 U.S.C. § 1365 (b)(1)(B)). 42 15 U.S.C.A. § 25 . 43 15 U.S.C.A. § 26 . 44 United States v. Borden Co., 347 U.S. 514, 518 …
discussed Cited as authority (rule) United States v. RODRIGUEZ
N.M.C.C.A. · 2021 · confidence medium
Even assuming a need to test for prejudice, under Barker v. Wingo, 347 U.S. 514, 530 (1972), we find none. 2 Because Appellant’s convictions include offenses both before and after January 1, 2019, the Convening Authority erred by failing to take action on Appellant’s sentence.
cited Cited as authority (rule) United States v. Anthem, Inc.
D.C. Cir. · 2017 · confidence medium
United States v. Borden Co., 347 U.S. 514, 518 (1954); see FTC v. H.J.
discussed Cited as authority (rule) Shinseki, Secretary of Veterans Affairs v. Sanders
SCOTUS · 2009 · confidence medium
This Court has said that the party that “seeks to have a judgment set aside because of an erroneous ruling carries the burden of showing that prejudice resulted.” Palmer v. Hoffman, 318 U. S. 109, 116 (1943); see also Tipton v. Socony Mobil Oil Co., 375 U. S. 34, 36 (1963) (per curiam); United States v. Borden Co., 347 U. S. 514, 516-517 (1954); cf. McDonough Power Equipment, Inc. v. Greenwood, 464 U. S. 548, 553 (1984); Market Street R.
cited Cited as authority (rule) Tasty Baking Co. v. Ralston Purina, Inc.
E.D. Pa. · 1987 · confidence medium
E.g., United States v. Borden Co., 347 U.S. 514, 518 [ 74 S.Ct. 703, 706 , 98 L.Ed. 903 ] (1954).
discussed Cited as authority (rule) Sedima, S. P. R. L. v. Imrex Co. (2×)
SCOTUS · 1985 · confidence medium
E. g., United States v. Borden Co., 347 U. S. 514, 518-519 (1954). [8] The only *490 specific reference in the legislative history to prior convictions of which we are aware is an objection that the treble-damages provision is too broad precisely because "there need not be a conviction under any of these laws for it to be racketeering." 116 Cong.
discussed Cited as authority (rule) Pillsbury Co. v. Conboy (2×)
SCOTUS · 1983 · confidence medium
See, e. g., Perma Life Mufflers, Inc. v. International Parts Corp., 392 U. S. 134, 139 (1968); United States v. Borden Co., 347 U. S. 514, 518-519 (1954).
examined Cited as authority (rule) People Ex Rel. Fahner v. Climatemp, Inc. (3×) also: Cited "see"
Ill. App. Ct. · 1981 · confidence medium
Ed. 903, 908 , 74 S. Ct. 703, 706 (private treble damages action supplements government enforcement of antitrust laws).) Unlike the private plaintiff, the State does not need the incentive of trebled damages to spur it to action against antitrust violators.
discussed Cited as authority (rule) Vendo Co. v. Lektro-Vend Corp. (2×)
SCOTUS · 1977 · confidence medium
E. g., United States v. Borden Co., 347 U. S. 514, 518 (1954).
discussed Cited as authority (rule) Leeward Petroleum, Ltd. v. Mene Grande Oil Co.
D. Del. · 1976 · confidence medium
And compare, United States v. Borden Co., 347 U.S. 514, 518-19 , 74 S.Ct. 703, 706-07 , 98 L.Ed. 903, 908-09 (1954) with Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 130-31 , 89 S.Ct. 1562, 1580-81 , 23 L.Ed.2d 129, 151-52 (1969).
discussed Cited as authority (rule) Calnetics Corporation and Meier-Line, Inc. v. Volkswagen of America, Inc., Calnetics Corporation v. Volkswagen of America, Inc., (Five Cases)
9th Cir. · 1976 · confidence medium
The general rule, as stated by United States v. Borden Co., 347 U.S. 514, 518 , 74 S.Ct. 703, 706 , 98 L.Ed. 903, 908 (1954), controls: “Under § 16 * * * a private plaintiff may obtain injunctive relief against * * * violations only on a showing of ‘threatened loss or damage’; and this must be of a sort personal to the plaintiff * * * [citation omitted].” In evaluating the plaintiff’s entitlement to relief under § 16, the proper focus is on the threat of prospective injury to Calnet-ics.
discussed Cited as authority (rule) United States v. Dunham Concrete Products, Inc., Louisiana Ready-Mix Co., Inc., Anderson-Dunham, Inc., and Ted F. Dunham, Jr
5th Cir. · 1973 · confidence medium
As the Supreme Court stated in holding that a private antitrust decree does not bar a subsequent Government injunction, "it is the Attorney General and the United States district attorneys who are primarily charged by Congress with the duty of protecting the public interest under these laws." United States v. Borden Co., 347 U.S. 514, 518 (1954).
discussed Cited as authority (rule) Zenith Radio Corp. v. Hazeltine Research, Inc. (2×)
SCOTUS · 1969 · confidence medium
E. g., United States v. Borden Co., 347 U. S. 514, 518 (1954).
cited Cited "see" Innovative Health LLC v. Biosense Webster, Inc.
C.D. Cal. · 2025 · signal: see · confidence high
Trade Comm’n v. Qualcomm Inc., 969 F.3d 974, 1005 (9th Cir. 2020); see United States v. Borden Co., 347 U.S. 514, 520 (1954).
discussed Cited "see" United States v. Maricopa (2×)
D. Ariz. · 2015 · signal: see · confidence high
See Borden Co., 347 U.S. at 519 , 74 S.Ct. 703 ; (2:07-CV-2513-GMS, Doc. 948) (Arpaio’s stipulation to violations of the Melendres injunction by Arpaio and MCSO); (2:07-CV-2513-GMS, Doc. 0127 at 118-125).
examined Cited "see" Howard Hess Dental Laboratories Inc. v. Dentsply International, Inc. (3×) also: Cited "see, e.g."
3rd Cir. · 2010 · signal: see · confidence high
See 347 U.S. at 520 , 74 S.Ct. 703 .
examined Cited "see" ca7 1990 (3×)
7th Cir. · 1990 · signal: see · confidence high
See Premier Electrical Construction Co. v. National Electrical Contractors Ass'n Inc., 814 F.2d 358, 368-70 (7th Cir.1987) (explaining the concept) 3 The AMA cites United States v. Borden Co., 347 U.S. 514 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954), for the proposition that a showing of classwide injury is insufficient to support injunctive relief for an individual plaintiff.
discussed Cited "see" Wilk v. American Medical Ass'n (2×)
N.D. Ill. · 1987 · signal: see · confidence high
See Borden, 347 U.S. at 518-19 , 74 S.Ct. at 706-07 (Clayton Act); Julian O. von Kalinski, 1 Antitrust Law and Trade Regulation Section 4.06[6] (1986); Valley Forge Christian College v. Americans United for Separation of Church and State, 454 U.S. 464, 472 , 102 S.Ct. 752, 758 , 70 L.Ed.2d 700 (1982) (“at an irreducible minimum, Art.
examined Cited "see" Cianci v. Superior Court (6×)
Cal. · 1985 · signal: accord · confidence high
(Ted’s Tire Service, Inc. v. Chevron U.S.A., Inc. (D.Conn. 1979) 470 F.Supp. 163, 165 .) That a private right of action and exclusive federal jurisdiction are present in section 4 of the Clayton Act is attributable not to any necessary connection but to two distinct policies that inform the provision: “giving private parties treble-damage and injunctive remedies was not [intended] merely to provide private relief, but... to serve as well the high purpose of enforcing the antitrust laws.” (Zenith Corp. v. Hazeltine (1969) 395 U.S. 100, 130-131 [ 23 L.Ed.2d 129, 152 , 89 S.Ct. 1562 ]; acco…
examined Cited "see" Board of Regents v. National Collegiate Athletic Ass'n (3×)
W.D. Okla. · 1982 · signal: see · confidence high
See United States v. Borden Co., 347 U.S. 514 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954).
examined Cited "see" Berkey Photo, Inc. v. Eastman Kodak Co. (3×)
S.D.N.Y. · 1978 · signal: see · confidence high
See United States v. Borden Co., 347 U.S. 514, 518 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954).
examined Cited "see" Battle v. Liberty National Life Insurance (3×)
5th Cir. · 1974 · signal: see · confidence high
See United States v. Borden, 347 U.S. 514, 519 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954).
examined Cited "see" Battle v. Liberty National Life Insurance Company (3×)
5th Cir. · 1974 · signal: see · confidence high
See United States v. Borden, 347 U.S. 514, 519 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954)
discussed Cited "see" John Mohr & Sons, Inc. v. Jahnke (2×)
Wis. · 1972 · signal: see · confidence high
See United States v. Borden Co. (1954), 347 U. S. 514, 518 , 74 Sup. Ct. 703, 98 L.
examined Cited "see" Flood v. Kuhn (3×)
S.D.N.Y. · 1970 · signal: see · confidence high
See United States v. Borden Co., 347 U.S. 514, 518 , 74 S. Ct. 703 , 98 L.Ed. 903 (1954); Beegle v. Thomson, 138 F.2d 875, 881 (7th Cir. 1943).
examined Cited "see" Klinger v. Rose (3×)
S.D.N.Y. · 1968 · signal: see · confidence high
See, United States v. Borden Co., 347 U.S. 514, 518 , 74 S.Ct. 703 , 98 L.Ed. 903 (1953).
examined Cited "see" Robert M. Knuth, on Behalf of Himself and All Others Similarly Situated v. Erie-Crawford Dairy Cooperative Association, Robert M. Knuth,appellant (6×)
3rd Cir. · 1968 · signal: see · confidence high
See United States v. Borden Co., 347 U.S. 514 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954).
examined Cited "see" International Railways of Central America v. United Fruit Company (3×)
2d Cir. · 1967 · signal: see · confidence high
See United States v. Borden Co., 347 U.S. 514, 518 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954).
examined Cited "see" State of Missouri v. Stupp Bros. Bridge & Iron Co. (3×)
W.D. Mo. · 1965 · signal: see · confidence high
See, for example, United States v. Borden Co., 347 U.S. 514 at 518 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954).
examined Cited "see" Livesay Industries, Inc. And Everett G. Livesay Window Company, Inc. v. Livesay Window Company, Inc. (3×)
5th Cir. · 1958 · signal: see · confidence high
See United States v. Borden Co., 1954, 347 U.S. 514 , 74 S.Ct. 703 , 98 L.Ed. 903 ; Cf. Rule 61, Fed.R.Civ.
examined Cited "see" United States v. Twentieth Century-Fox Film Corp. (3×)
S.D. Cal. · 1956 · signal: see · confidence high
See, United States v. Borden Co., 1954, 347 U.S. 514, 516-517 , 74 S.Ct. 703 , 98 L.Ed. 903 ; Young v. United States, 9 Cir., 1940, 111 F.2d 823, 825 ; Gary Theatre Co. v. Columbia Pictures Corp., 7 Cir., 1941, 120 F.2d 891, 892 ; Bach v. Friden Calculating Mach.
examined Cited "see, e.g." Fjord v. AMR Corp. (In re AMR Corp.) (3×)
Bankr. S.D.N.Y. · 2013 · signal: see also · confidence low
Id. at 436; see also National Auto Brokers Corp. v. General Motors Corp., 60 F.R.D. 476, 492 (S.D.N.Y.1973) (to obtain injunctive relief, a plaintiff must demonstrate that "he is threatened with loss or damage ... 'of a sort personal to the plaintiff.' ") (quoting United States v. Borden Co., 347 U.S. 514, 518 , 74 S.Ct. 703 , 98 L.Ed. 903 , (1954)). .
examined Cited "see, e.g." Lydia Rosenfeld v. Oceania Cruises, Inc. (6×)
11th Cir. · 2012 · signal: see, e.g. · confidence low
See, e.g., United States v. Borden Co., 347 U.S. 514, 516 , 74 S.Ct. 703, 705 , 98 L.Ed. 903 (1954) (“The Government does not challenge the court’s conclusion that on the record conspiracy was not shown, but it insists that error in these rulings precluded establishment of the conspiracy .... [E]ven assuming error in each of the challenged rulings, it does not appear that admission of the evidence in question would have been sufficient to change the conclusion that the Government had not established a case under the Sherman Act; hence the rulings cannot be said to have affected substantial…
examined Cited "see, e.g." Lydia Rosenfeld v. Oceania Cruises, Inc. (3×)
11th Cir. · 2012 · signal: see, e.g. · confidence low
See, e.g., United States v. Borden Co., 347 U.S. 514, 516 , 74 S. Ct. 703, 705 , 98 L.
examined Cited "see, e.g." ca7 1986 (3×)
7th Cir. · 1986 · signal: see also · confidence low
See also, United States v. Borden, 347 U.S. 514 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954) (prior consent decree entered between the parties to a private antitrust suit does not preclude the government from obtaining injunctive relief against the parties in a subsequent action).
examined Cited "see, e.g." Secretary of Labor v. Fitzsimmons (3×)
7th Cir. · 1986 · signal: see also · confidence low
See also, United States v. Borden, 347 U.S. 514 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954) (prior consent decree entered between the parties to a private antitrust suit does not preclude the government from obtaining injunctive relief against the parties in a subsequent action).
examined Cited "see, e.g." Levitch v. Columbia Broadcasting System, Inc. (3×)
S.D.N.Y. · 1980 · signal: see also · confidence low
See also Schwimmer v. Sony Corporation of America, No. 79-7665, slip. op. at 4266 (2d Cir. July 10, 1980b Likewise, to obtain injunctive relief the plaintiff must demonstrate that “he is threatened with loss or damage ‘ . . . of a sort personal to the plaintiff.’ ” National Auto Brokers Corp. v. General Motors Corp., 60 F.R.D. 476, 492 (S.D.N.Y.1973), quoting United States v. Borden Co., 347 U.S. 514, 518 , 74 S.Ct. 703, 706 , 98 L.Ed. 903 (1954).
examined Cited "see, e.g." State of Iowa v. Union Asphalt & Roadoils, Inc. (3×)
S.D. Iowa · 1968 · signal: see, e.g. · confidence low
See, e. g., United States v. Borden Co., 347 U.S. 514 , 74 S.Ct. 703 , 98 L.Ed. 903 (1954); Kinnear-Weed Corp. v. Humble Oil & Ref.
discussed Cited "see, e.g." United States v. United States Gypsum Company (2×)
D.D.C. · 1954 · signal: compare · confidence low
Compare United States v. Borden Company, 347 U.S. 514 , 74 S.Ct. 703 . [3] At page 49 of 269 U.S., at page 63 of 46 S.Ct. of that opinion the Court stated: "* * * The United States which must alone speak for the public interest, does not appear with them [the interveners] on this appeal.
UNITED STATES
v.
BORDEN COMPANY Et Al.
Assistant Attorney General Barnes argued the cause for the United States. With him on the brief were Solicitor General Sobeloff, John F. Davis and Daniel M. Friedman., Stuart S. Ball argued the cause for the Borden Company et al., appellees. On the brief were Mr. Ball for the Borden Company et al., and L. Edward Hart, Jr. and John Paul Stevens for the Bowman Dairy Company et al., appellees., Leo F. Tierney argued the cause for the Beloit Dairy Co., appellee. With him on the brief was Charles L. Stewart, Jr.
Clark, Black, Jackson.
Cited by 148 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 93%
Citer courts: S.D. New York (3)
Mr. Justice Clark

delivered the opinion of the Court.

The United States instituted this civil proceeding against ten Chicago dairies, [1] charging conspiracy to restrain and monopolize the sale of fluid milk to wholesale customers and others in the Chicago area, in violation of the Sherman Act, and price discrimination in violation of the Clayton Act. Prior to trial a consent decree was entered against five of the smaller defendant companies, enjoining continuation of the conduct charged in the complaint. At the close of the Government’s case against the remaining five defendants, [2] the District Court dismissed the complaint in its entirety. It held that, as to the alleged violations of §§ 1 and 2 of the Sherman Act, the evidence failed to establish the existence of a conspiracy or combination; and that, though there was proof of price discrimination violative of § 2 (a) of the Clayton Act by four of the defendants, [3] a prior decree in a private antitrust action brought by a competitor dairy company enjoined the conduct in question and made it “useless” to award the Government an injunction. Ill F. Supp. 562. The Government then appealed directly to this[*516] Court under 15 U. S. C. § 29, and we noted probable jurisdiction, 346 U. S. 914.

Three of the four questions presented on this appeal deal with rulings by the district judge that certain evidence was inadmissible. [4] The Government does not challenge the court’s conclusion that on the record conspiracy was not shown, but it insists that error in these rulings precluded establishment of the conspiracy. After hearing argument and considering as much of the record as is before us, including the Government’s offers of proof, we are of the opinion that, even assuming error in each of the challenged rulings, it does not appear that admission of the evidence in question would have been sufficient to change the conclusion that the Government had not established a case under the Sherman Act; hence the rulings cannot be said to have affected substantial rights of the parties within the meaning of 28 U. S. C. § 2111. [5] Since on this basis we affirm the judgment of dismissal[*517] as to the Sherman Act allegations, it is unnecessary to discuss the propriety or impropriety of the several rulings.

The fourth question challenges the basis of the District Court’s refusal to grant the Government injunctive relief against price discrimination by four of the defendants. [6] The district judge found that government evidence tended to prove that these defendant companies have sold at prices which discriminate between purchasers of milk of like grade and quality. This, he said, would give defendants the burden of establishing that the discrimi-nations fall within statutory exceptions, were it not that under a consent decree entered against defendants in a private suit in 1952 by another judge of the same court, [7] they already are enjoined from performing all acts specified by the Government in its prayer for relief. In the opinion of the district judge,

“A decree of this court entered at the instance of a private litigant is as binding upon a defendant as a decree entered at the instance of the government; and a consent decree, entered by any judge of this court without hearing evidence, is as binding as a decree entered by another judge after a protracted trial. I conclude, therefore, that each of the remaining defendants is now effectively enjoined by this court from performing any of the acts set forth in the government’s prayer for injunctive relief, insofar as the Clayton Act is concerned.
“As a court of equity, I will not perform a useless task. The violations of the Clayton Act described in the complaint and shown at the trial are, for the[*518] most part, old violations. And to this court, the Dean decree assures, as completely as any decree can assure, that there will be no new violations.” Ill F. Supp., at 581.

Accordingly the court dismissed that part of the complaint which alleged violations of § 2 (a) of the Clayton Act. Thus it appears that the Government was refused an injunction solely because of the existence of the prior decree entered against defendants in the course of a private action. We think that refusal on this basis constituted an abuse of discretion.

Section 15 of the Clayton Act, 15 U. S. C. § 25, charges the United States district attorneys, under supervision of the Attorney General, with the duty of instituting equity proceedings to prevent and restrain violations of certain of the antitrust laws, including price discrimination. Under § 16 of the Act, 15 U. S. C. § 26, a private plaintiff may obtain injunctive relief against such violations only on a showing of “threatened loss or damage”; and this must be of a sort personal to the plaintiff, Beegle v. Thomson, 138 F. 2d 875, 881 (1943). The private-injunction action, like the treble-damage action under § 4 of the Act, supplements government enforcement of the antitrust laws; but it is the Attorney General and the United States district attorneys who are primarily charged by Congress with the duty of protecting the public interest under these laws. The Government seeks its injunctive remedies on behalf of the general public; the private plaintiff, though his remedy is made available pursuant to public policy as determined by Congress, may be expected to exercise it only when his personal interest will be served. These private and public actions were designed to be cumulative, not mutually exclusive. S. Rep. No. 698, 63d Cong., 2d Sess. 42; cf. Federal Trade Comm’n v. Cement Institute, 333 U. S. 683, 694—695 (1948). “. . . [T]he scheme of the statute is sharply[*519] to distinguish between Government suits, either criminal or civil, and private suits for injunctive relief or for treble damages. Different policy considerations govern each of these. They may proceed simultaneously or in disregard of each other.” United States v. Bendix Home Appliances, 10 F. R. D. 73, 77 (S. D. N. Y. 1949). In short, the Government’s right and duty to seek an injunction to protect the public interest exist without regard to any private suit or decree.

To hold that a private decree renders unnecessary an injunction to which the Government is otherwise entitled is to ignore the prime object of civil decrees secured by the Government — the continuing protection of the public, by means of contempt proceedings, against a recurrence of antitrust violations. Should a private decree be violated, the Government would have no right to bring contempt proceedings to enforce compliance; it might succeed in intervening in the private action but only at the court’s discretion. The private plaintiff might find it to his advantage to refrain from seeking enforcement of a violated decree; for example, where the defendant’s violation operated primarily against plaintiff’s competitors. Or the plaintiff might agree to modification of the decree, again looking only to his own interest. In any of these events it is likely that the public interest would not be adequately protected by the mere existence of the private decree. It is also clear that Congress did not intend that the efforts of a private litigant should supersede the duties of the Department of Justice in policing an industry. Yet the effect of the decision below is to place on a private litigant the burden of policing a major part of the milk industry in Chicago, a task beyond its ability, even assuming it to be consistently so inclined.

We agree with appellees that the statute confers on the Government no absolute right to an injunction upon a showing of past violation of the antitrust laws by[*520] defendants. As we said in United States v. W. T. Grant Co., 345 U. S. 629, 633 (1953):

. . the moving party must satisfy the court that relief is needed. The necessary determination is that there exists some cognizable danger of recurrent violation, something more than the mere possibility which serves to keep the case alive. The chancellor's decision is based on all the circumstances; his discretion is necessarily broad and a strong showing of abuse must be made to reverse it.”

The Government contends that it has “an independent right to relief against violations of the Clayton Act, without regard to whether such violations previously have been enjoined by a decree in a private antitrust suit.” But we cannot say that the existence of the private decree warrants no consideration by the chancellor in assessing the likelihood of recurring illegal activity. We hold only that, in view of the difference in the respective interests sought to be vindicated by the Government and the private litigant, the district judge abused his discretion in refusing the Government an injunction solely because of the existence of the private decree.

The judgment of dismissal as to the Sherman Act allegations is affirmed; as to the Clayton Act allegations the case is remanded to the District Court for further consideration, and such further proceedings as may be necessary, in accordance with this opinion.

Mb. Justice Black and Mr. Justice Jackson took no part in the consideration or decision of this case.
1

The Borden Company, Bowman Dairy Company, Belmont Dairy Company, Ridgeview Farms Dairy, Beloit Dairy Company, Capitol Dairy Company, American Processing and Sales Company, Hunding Dairy Company, Meadowmoor Dairies and Western United Dairy Company.

2

Borden, Bowman, Belmont, Ridgeview and Beloit.

3

Borden, Bowman, Belmont and Ridgeview.

4

The trial court refused to allow the Government to use for impeachment of a hostile witness a deposition taken in another case; to introduce in evidence certain tape recordings made for use in the prior case; and to introduce testimony as to a conversation with a deceased agent of one of the defendants.

5

“On the hearing of any appeal or writ of certiorari in any case, the court shall give judgment after an examination of the record without regard to errors or defects which do not affect the substantial rights of the parties.”

Fed. Rules Civ. Proc., 61: “Harmless Error. No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.”

6

See note 3, supra. Since the Government does not question the correctness of the judgment of dismissal of its claim under § 2 (a) of the Clayton Act against Beloit, the fifth defendant, it is not before us.

7

Dean Milk Co. v. American Processing & Sales Co., U. S. D. C. N. D. Ill. E. D., No. 49 C 1159, Dec. 3, 1952.