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Antitrust Keyed to Morgan, 7th Ed.
Appalachian Coals, Inc. v. United States
Citation:
288 U.S. 344, 53 S.Ct. 471, 77 L.Ed. 825 (1933)Facts
The bituminous coal industry was suffering from severe economic distress due to over-expansion, declining demand, competition from substitute fuels, and destructive trade practices. The 137 defendant producers from the Appalachian region formed Appalachian Coals, Inc. as an exclusive selling agency to market their coal, which represented about 73% of production in the region but only about 12% of total production east of the Mississippi River. The agency was designed to eliminate harmful practices such as “distress coal” shipments, “pyramiding” (multiple agents selling the same coal), and misrepresentation of coal sizes. The agency would set prices, but producers could reject prices for contracts beyond 60 days. The plan was intended to promote more orderly marketing, improve advertising, provide research, and establish better credit information. The agency had not yet begun operations when the government filed suit.
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