The opinion of the court was delivered by: Perry, District Justice.
Plaintiff, United States of America, filed its complaint
herein on June 30, 1958 against defendants Schwinn Bicycle
Company (formerly known as Arnold, Schwinn & Co.), Schwinn
Cycle Distributors Association, and The B. F. Goodrich
Company. The defendant The B. F. Goodrich Company consented to
the entry against it of a Final Judgment on August 31, 1962,
which said Final Judgment became effective on October 2, 1962.
Thereafter, this cause proceeded to trial against the
remaining defendants on September 10, 1962. After trial this
Court entered its Findings of Fact, Conclusions of Law and
Final Judgment on January 25, 1965. On appeal by plaintiff the
Supreme Court reversed in part the judgment of this Court and
remanded the case to this Court for the entry of a decree in
accordance with its opinion.
This Court has jurisdiction of the subject matter hereof and
of all of the parties hereto. The defendants Schwinn Bicycle
Company, Schwinn Cycle Distributors Association, and certain
distributors that are members of the defendant association
have engaged in a combination and conspiracy in unreasonable
restraint of interstate trade and commerce in Schwinn
products, in violation of Section 1 of the Act of Congress of
July 2, 1890, entitled "An Act to protect trade and commerce
against unlawful restraints and monopolies," commonly known as
the Sherman Act (15 U.S.C. § 1) as amended.
As used in this Final Judgment:
(A) "Schwinn" shall mean the defendant Schwinn Bicycle
Company with its factory and main office in Chicago, Illinois;
(B) "Association" shall mean the defendant Schwinn Cycle
Distributors Association, an unincorporated trade association
whose membership consists of The B. F. Goodrich Company and
cycle distributors of Schwinn products;
(C) "Schwinn products" shall mean any bicycle, bicycle part,
or accessory manufactured or sold by defendant Schwinn;
(D) "Distributor" shall mean any wholesaler or jobber who is
engaged in buying Schwinn products for resale to retailers,
but shall not include any subsidiary of Schwinn.
(E) "Retailer" shall mean any person who is engaged in
buying Schwinn products for resale to the general public, but
shall not include any subsidiary of Schwinn;
(F) "Person" shall mean any individual, partnership, firm,
corporation, association, or other ...