"It is the `contract, combination*** or conspiracy, in restraint of trade or commerce'which § 1 of the Act strikes down, whether the concerted activity be wholly nascent or abortive on the one hand, or successful on the other.

—unduly suppress competition by placing obnoxious wholesale dealers under the coercive influence of a condemnatory report circulated among others, actual or possible customers of the offenders, he exceeds his lawful rights, and such action brings him and those acting with him within the condemnation of the act of Congress.

"Under our statute... it is unimportant to consider whether the means adopted are calculated to be effective or not."

"It is not in point to cite cases where men voluntarily agree to observe rules adopted by themselves. This is no voluntary affair of the wholesale dealers. It is not even a combination of wholesalers. They may and do sometimes become honorary members, so as to keep within touch of the retail dealers and secure trade. It is· . an association of retailers to restrict the liberty …

More commonly, however, courts cited Bohn to distinguish the dominant American view from that of Mogul; as the Georgia Supreme Court emphasized, “[S] ome of what was said in that decision [Bohn] is unsound, and not in accord with cases already cited. It has been considerably criticised

[BOOK] Antitrust analysis: problems, text, and cases

[CITATION] Trade regulation: cases and materials