their livestock or other products to or through the association. See Vol. Cooperatives in projected study.

Comp. Stat. (Kyle, Supp. 1937)
Liquor

Section 53-342 provides that no manufacturer, distributor, or wholesaler shall enter into any contract with any person licensed to sell at retail whereby such licensee agrees not to sell any alcoholic liquors manufactured or distributed by any other manufacturer, distributor, or wholesaler, and any provision in any contract violative of this section shall render the whole of such contract void and no action shall be brought thereon in any court. See Special Antitrust Laws: Liquor, supra.

Judicial Decisions

Exclusive Dealing Arrangements.

The exclusive dealing contract of a member to sell wheat exclusively through the cooperative association will be specifically enforced even though the contract provides for liquidated damages. Nebraska Wheat Growers' Association v. Norquest, 113 Neb. 731, 204 N. W. 798 (1925).

The defendant dairy corporation refused to buy milk from farmers unless hauled by three designated truckers (codefendants), thereby forcing the plaintiff trucker out of business in which he had been engaged under contract with the defendant company for 2 years. In an action for damages, for breach of the contract, the court held that as the contract between the plaintiff and defending corporation was terminable at will of either party the cause of action was denied. As to the question of a conspiracy in violation of the antitrust laws the court stated that while the aim of the antitrust laws is to preserve free and open competition, the law must serve equally well to protect the consumer so that he may purchase commodities in a free and open market at the best prices possible. Ploog v. Roberts Dairy Co., et al., 122 Neb. 540, 240 N. W. 764 (1932).

A covenant prohibiting the lessee from selling beer other than that manufactured and furnished by the lessor during the duration of the lease is not unreasonable, and is enforceable. Jos. Schlitz Brewing Co. v. Nielsen, 77 Neb. 868, 110 N. W. 746 (1906).

Section 10061 provides (in part) that it is illegal for two or more persons to conspire to prevent another from exercising a lawful trade or calling by force, threats or intimidation, or by interfering or threatening to interfere with property belonging to another, or to conspire to commit any act injurious to trade or commerce.

B. EXCEPTIONS TO GENERAL ANTITRUST LAWS

Comp. Laws (Hillyer, Supp. 1938)

Resale Price Maintenance

Sections 1470.21 to 1470.29 validate agreements to maintain resale prices of branded articles sold in fair and open competition. The statute is expressly inapplicable to agreements between wholesalers, between distributors, or between retailers. Sec. 1470.23. See Vol. State Price Control Legislation: Resale Price Maintenance.

C. SPECIAL ANTITRUST LAWS

1. Special Industry Antitrust Acts

Comp. Laws (Hillyer, 1929)
Railroads

Sections 6303 and 6305 provide that combinations, contracts, or agreements of any persons engaged in carrying, receiving, storing, or

handling property with the intent to prevent its continuous carriage by railroad within Nevada (by means of change of schedule, carriage in different cars, breaking carloads into less than carloads, or any other means), or to pool freight, or to divide among themselves their aggregate net earnings, are unlawful.

Section 1588 provides that cooperatives organized under sections 1575 to 1595 shall have the power to enter into all contracts deemed advisable with members or others requiring them to market their products or the byproducts thereof to or through the association, authorizing it to act as sole agent for members, or authorizing it to purchase said products or the byproducts thereof, and pool them. See Cooperatives in projected MARKETING LAWS SURVEY study.

NEW HAMPSHIRE

I. TRUSTS, COMBINATIONS, AND MONOPOLIES

A. GENERAL ANTITRUST LAWS

CONSTITUTIONAL PROVISIONS

Const. (of 1784 as amended in 1903) pt. II, art. 83. Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it. The size and functions of all corporations should be so limited and regulated as to prohibit fictitious capitalization and provision should be made for the supervision and government thereof. Therefore, all just power possessed by the state is hereby granted to the general court to enact laws to prevent the operations within the state of all persons and associations, and all trusts and corporations, foreign or domestic, and the officers thereof, who endeavor to raise the price of any article of commerce or to destroy free and fair competition in the trades and industries through combination, conspiracy, monopoly, or any other unfair means; to control and regulate the acts of all such persons, associations, corporations, trusts, and officials doing business within the state; to prevent fictitious capitalization; and to authorize civil and criminal proceedings in respect to all the wrongs herein declared against.

STATUTORY PROVISIONS

Pub. Laws (1926), c. 168

Sec. 1. Trusts.-A trust is a combination of capital, skill, or acts by two or more persons for any of the following purposes:

I. To create or carry out restrictions in trade or commerce. II. To limit or reduce the production, or increase, reduce, or maintain the price of merchandise or a commodity.

III. To prevent competition in manufacturing, making, transportation, sale, or purchase of merchandise, produce or a commodity.

IV. To fix a standard or figure, whereby the price to the public or consumer is in any manner controlled or established, of an article or commodity of merchandise, produce or commerce intended for sale, barter, use or consumption in this state.

V. To make, enter into, execute or carry out contracts, obligations or agreements of any kind or description, by which they bind, or have bound themselves, not to sell, dispose of or transport an article or commodity, or any article of trade, use, merchandise, commerce or consumption below a common standard figure or fixed value; or by which they agree in any manner to keep the price of such article, commodity or transportation at a fixed or graduated figure; or by which they shall in any manner establish or settle the price of an article, commodity or transportation between them or themselves and others so as to directly or indirectly preclude a free and unrestricted competition among themselves, purchasers or consumers in the sale or transportation of such articles or commodity; or by which they agree to pool, combine, or directly or indirectly unite any interests which they have connected with the sale or transportation of such article or commodity that its price may in any manner be affected. (1917, 177:2; 1919, Ex., 2:1.)

Sec. 2.

Unlawful. A trust as defined herein is unlawful, against public policy, and void. (1917, 177:2; 1919, Ex., 2:1.) Sec. 3. Entering Into.-It shall not be lawful for a person or his agent to issue or own certificates of such a trust, or to enter into a combination, contract, or agreement, the purpose and effect of which is to place the management or control of such combination or combinations, or the manufactured product thereof, in the hands of a trustee or trustees with the intent to limit or fix the price or lessen the production and sale of an article of commerce, use, or consumption, or to prevent, restrict, or diminish the manufacture or output of such article. (1917, 177:3.)

Sec. 4. Penalty.-A violation of any provision of this chapter is a conspiracy against trade, and a person engaged in such conspiracy or taking part therein, or aiding or advising in its commission, or, as principal, agent or in any other capacity, knowingly carrying out any of the stipulations, purposes, prices or rates, or furnishing any information to assist in carrying out such purposes, or orders thereunder, or in pursuance thereof, or in any manner violating a provision of this chapter, shall be fined not less than fifty nor more than five thousand dollars, or imprisoned not less than six months nor more than one year, or both; provided, that when the offense consists of a combination to control the price or supply, or to prevent competition in the sale, of bread, butter, eggs, flour, meat, vegetables, or