continental union carbide argued decided june petitioners sued respondents clayton act recover treble damages alleging respondents violated sherman act conspiring restrain monopolizing attempting conspiring monopolize trade commerce ferrovanadium vanadium oxide jury brought verdict respondents petitioners appealed contending district erred excluding various items evidence giving certain instructions jury refusing give instructions rulings appeals held insufficient evidence justify jury finding respondents illegal acts cause petitioners failure vanadium business therefore verdict directed respondents held judgment vacated case remanded new trial pp concluding directed verdict respondents appeals erred failing view evidence light favorable petitioners give petitioners benefit inferences evidence fairly supported erred holding insufficient evidence support finding respondents conduct fact caused injury petitioners business jury function weigh evidence inferences drawn therefrom come ultimate conclusion facts pp district erred rejecting petitioners offer prove excluded canadian market wholly owned subsidiary one respondents acting exclusive purchasing agent wartime office metals controller canadian government allegedly operated connection control direction parent corporation purpose carrying overall conspiracy restrain monopolize vanadium industry offer proof relevant evidence violation sherman act charged complaint inadmissible ground subsidiary corporation acting arm canadian government pp district committed several trial errors repeated new trial pp district erred charging jury context facts alleged case conspiracy must proved reasonably calculated prejudice public interest unduly restraining trade intended injure general public restraining trade district misinterpreted law defining monopolization attempted monopolization terms conspiracy monopolize error prejudicial rather harmless pp district erred persistent exclusion evidence relating period petitioners entrance industry since evidence clearly material petitioners charge conspiracy monopolization existence came industry eliminated furtherance thereof pp joseph alioto argued cause petitioners briefs maxwell keith richard saveri josiah holland argued cause vanadium corporation america respondent briefs edward neaher robert davison melvin goodman francis marshall richard archer argued cause union carbide carbon et respondents briefs herbert clark girvan peck justice white delivered opinion private treble damage action antitrust laws continental ore company partnership individual partners plaintiffs trial petitioners henry leir principal party continental engaged buying selling metals including vanadium products europe prior year immigrated case concerns subsequent efforts country build successful business production sale vanadium vanadium metal obtained certain ores country mined principally colorado plateau ore processed mills near mines substance commonly known vanadium oxide oxide transported east converted ferrovanadium purchased chiefly steel companies use alloy hardening steels defendants named complaint vanadium corporation america vca fully integrated miner manufacturer vanadium products union carbide carbon corporation carbide following four wholly owned subsidiary corporations latter company vanadium corporation usv engaged mining vanadium ore processing vanadium oxide electro metallurgical company electro met engaged making ferrovanadium electro metallurgical sales corporation electro met sales engaged sale vanadium oxide ferrovanadium electro metallurgical company canada electro met canada engaged selling vanadium products canada complaint filed november service vca carbide usv service electro met electro met sales electro met canada carbide acquired assets electro met electro met sales dissolution merger year prior filing complaint herein complaint alleged beginning defendants others acting concert violated sherman act conspiring restrain monopolizing attempting conspiring monopolize trade commerce ferrovanadium vanadium oxide defendants charged purchasing acquiring control substantially accessible ore deposits substantially vanadium oxide produced others refusing sell vanadium oxide potential producers ferrovanadium including continental associates apportioning dividing sales ferrovanadium vanadium oxide among certain proportions fixing identical prices sale ferrovanadium vanadium oxide purchase ore making certain mutual arrangements whereby one carbide subsidiaries supplied vca substantial quantities vanadium oxide preferential prices vca complaint stated defendants produced ferrovanadium vanadium oxide produced period defendants sold ferrovanadium vanadium oxide sold country according complaint proximate consequence defendants monopolistic restrictive practices independent producers distributors ferrovanadium vanadium oxide including continental eliminated business specifically complaint detailed several efforts continental made enter maintain vanadium business allegedly frustrated defendants sherman act violations continental negotiated contract apex smelting company chicago whereby apex build operate plant conversion oxide ferrovanadium use aluminothermic process continental apex share profits venture part continental agreed obtain raw materials apex sell finished product operations contract began spring apex terminated agreement allegedly illegal activities defendants prevented obtaining sufficient supply vanadium oxide meanwhile continental begun produce compound called composed vanadium oxide materials designed direct introduction process without prior conversion ferrovanadium venture allegedly terminated difficulty securing raw materials caused defendants unlawful practices including efforts defendants obtain ownership control mines mills continental suppliers continental developed business canadian customer electro met sales canada appointed canadian government exclusive wartime agent purchase allocate vanadium canadian industries company alleged acting control direction parent carbide eliminated continental entirely canadian market divided continental business solely defendants defendants open threats reprisals allegedly frustrated certain arrangements continental climax molybdenum corporation manufacture ferrovanadium january continental contracted imperial paper color corporation processing latter vanadium oxide ferrovanadium continental agreed act sales agent output complaint charged imperial abandoned contract end inability secure raw materials continental left vanadium business altogether result restrictive monopolistic practices defendants trial jury verdict returned defendants continental appealed asserting error trial exclusion various evidentiary items certain instructions given jury refusal give instructions rulings trial appeals ninth circuit announced task review correctness judgment reasons therefor basis affirmed judgment holding insufficient evidence justify jury finding defendants illegal acts fact cause continental failure vanadium business hence verdict defendants directed reaching decision stated considered evidence admitted trial judge also evidence offered plaintiffs trial judge excluded deal rule upon alleged trial errors relied upon continental except issue relating continental alleged exclusion canadian market certiorari granted limited issues required examination light previous decisions presented important questions antitrust laws concluded reasons discussed hereafter appeals decision must reversed case remanded new trial appeals course bound view evidence light favorable continental give benefit inferences evidence fairly supports even though contrary inferences might reasonably drawn examination rather extensive record concluded appeals departed rule erred holding insufficient evidence support finding respondents conduct fact caused injury continental business continental fundamental claim throughout inadequate supplies vanadium oxide available associates respondents alleged sherman act violations caused contributed shortage appeals acknowledged principle antitrust cases plaintiff proves loss violation defendant antitrust laws nature likely cause type loss cases say jury trier facts must permitted draw circumstantial evidence inference necessary causal relation exists also assumed evidence adequate support jury finding respondents committed alleged violations sherman act specific acts charged done respondents performed part basic plan monopolize vanadium market take express issue averments adequate supplies vanadium oxide unavailable continental certain periods argument shortage vanadium oxide type consequence reasonably expected flow conspiratorial monopolistic arrangement controlling ferrovanadium vanadium oxide sold country nevertheless concluded effect sufficient showing shortage vanadium oxide least jury permitted infer lack material chargeable respondents continental required demonstrate made timely demands oxide respondents exhausted possible sources material examined seriatim apex climax canadian imperial ventures ruled separately upon respondents alleged damage continental connection episodes apex imperial said continental demands oxide respondents sufficiently contemporaneous failure ventures subject respondents liability period respondents blameless oxide requested continental failed view exhaust least one available source canadian climax issues disposed different grounds apparent foregoing appeals approached continental claims five completely separate unrelated lawsuits think improper cases plaintiffs given full benefit proof without tightly compartmentalizing various factual components wiping slate clean scrutiny character effect conspiracy judged dismembering viewing separate parts looking whole patten case like one us duty jury look whole picture merely individual figures american tobacco see montague lowry furthermore believe respondents liability antitrust laws measured rigid mechanical formula requiring continental demand materials respondents exhaust sources supply appeals appears accorded weight continental evidence offered show respondents interfered acquired destroyed several small independent sources vanadium oxide relied upon continental criteria used appeals respondents impunity concertedly refuse deal continental latter able obtain oxide independent sources proceed leisure dry sources finally insist continental make repeated demands respondents oxide incurring antitrust liability cases relied upon appeals clearly support formula deem injury alleged flow monopolist elimination one independent suppliers remote justify refusing let damages issue go jury review record discloses sufficient evidence jury infer necessary causal connection respondents antitrust violations petitioners injury concluding continental apex made sufficient efforts obtain vanadium oxide respondents appeals either overlooked interpreted insignificance repeated approaches made respondents continental apex july october march october june july also failed notice certain communications apex september december saying operate partial capacity due lack raw materials mention testimony officer apex effect apex supply oxide irregular intermittent unavailability oxide one reasons apex operate full capacity according appeals critical period continental apex demanded materials respondents year preceding termination apex contract placed june quite plain record apex notified continental determination terminate contract january february followed much closely previous refusals respondents deal continental apex undoubtedly evidence period point one direction different inferences might reasonably drawn however sufficient evidence go jury jury weighs contradictory evidence inferences draws ultimate conclusion facts tennant peoria period exculpate respondents petitioners failure request oxide petitioners supposedly failed take advantage independent source supplies evidence relied upon reasonably read manner favorable continental appears may misapprehended significant parts record event interpretation significance evidence jury appeals also concluded respondents contribute failure imperial produce ferrovanadium contract continental acknowledged appears substantial evidence effect imperial decision based upon concern steady reliable source raw materials continental requested vca usv provide sizable monthly supplies oxide november appeals bracketed evidence period even though testimony clearly supplies sought imperial arrangement negotiated imperial signing contract carefully surveyed foreign sources vanadium concluded inadequate determined go production reliable source oxide available spite refusal respondents deal continental november previous months years spite assumed monopolistic control almost vanadium oxide ruled continental must requested oxide respondents contract imperial signed january think jury allowed determine whether respondents conduct materially contributed failure imperial venture continental damage ii continental alleged elimination canadian market raises different issues trial continental introduced evidence show beginning march shipped canadian customer month remainder year received evidence letter dated january continental electro met new york city reciting new allocation system canada eliminated continental canadian market january continental inquired matter metals controller canadian government latter referred continental electro met struck letter record rejected petitioners offer prove continental excluded canadian market electro met canada wholly owned subsidiary corporation carbide acting exclusive purchasing agent metals controller allegedly operating connection control direction carbide purpose carrying overall conspiracy restrain monopolize vanadium industry end continental offered prove former share canadian market divided carbide vca continental offered various correspondence electro met canada memorandum proposed testimony continental vice president concerning conversations employee electro met communicated continental response continental letter january electro met denied entire offer proof reason transaction wholly hands canadian government whether plaintiff permitted sell material customer canada matter wholly within control canadian government appeals agreed trial concluded continental legally entitled recover respondents destruction canadian business said vanadium oxide imported canada anyone canadian government agent electro met canada refused purchase petitioners thus according even assume electro metallurgical company canada acted purpose entrenching monopoly position defendants acting arm canadian government see efforts appellants claim defendants took persuade influence canadian government agent within purview sherman act ruling erroneous hold continental offer proof relevant evidence violation sherman act charged complaint inadmissible grounds stated courts respondents say american banana fruit shields liability held antitrust plaintiff collect damages defendant allegedly influenced foreign government seize plaintiff properties light later cases respondents reliance upon american banana misplaced conspiracy monopolize restrain domestic foreign commerce outside reach sherman act part conduct complained occurs foreign countries american tobacco pacific arctic navigation thomsen cayser sisal sales cf steele bulova watch branch federal trade see aluminum america cir national lead supp aff furthermore sisal case supra combination entered within monopolize article commerce produced abroad held violate sherman act even though defendants control production aided discriminatory legislation foreign country established official agency sole buyer product producers even though one defendants became exclusive selling agent governmental authority since activities defendants impact within upon foreign trade american banana expressly held controlling olsen smith rock royal parker brown help respondents decisions sustained validity mandatory state federal governmental regulations claim antitrust illegality wide mark present case petitioners question validity action taken canadian government metals controller left case question liability canadian government agent electro met canada served petitioners contend respondents liable actions jointly took part unlawful conspiracy influence direct elimination continental canadian market sisal conspiracy laid effectuated abroad respondents insulated fact conspiracy involved acts agent foreign government evidence petitioners offered appears continental complained canadian metals controller continental lost canadian business controller referred continental one respondents indication controller official within structure canadian government approved approved joint efforts monopolize production sale vanadium directed purchases continental stopped exclusion continental claims resulted action electro met canada taken within area discretionary powers granted metals controller concert direction respondents offer proof least presented issue jury resolution whether loss continental canadian business occasioned respondents activities respondents afforded defense fact electro met canada carrying bare act purchasing vanadium respondents rather continental acting manner permitted canadian law nothing indicate law way compelled discriminatory purchasing well settled acts legal lose character become constituent elements unlawful scheme swift american tobacco steele bulova watch see georgia pennsylvania slick airways american airlines supp case eastern railroad presidents conf noerr motor freight cited much relied upon respondents plainly inapposite held cognizable sherman act complaint charging essence defendants engaged concerted publicity campaign foster adoption laws law enforcement practices inimical plaintiff business finding basis imputing sherman act purpose regulate political activity purpose encountered serious constitutional barriers ruled defendants activities outside ban act least insofar activities comprised mere solicitation governmental action respect passage enforcement laws case respondents conduct wholly dissimilar defendants noerr respondents engaged private commercial activity element involved seeking procure passage enforcement laws subject liability sherman act eliminating competitor canadian market exercise discretionary power conferred upon electro met canada canadian government effectuate purposes sherman act remotely infringe upon constitutionally protected freedoms spoken noerr iii since decision concerning alleged loss continental canadian business event require new trial entire case view close interconnection canadian domestic issues shall remand case district proceedings therefore deem appropriate pass upon certain alleged trial errors raised continental appeals considered passing upon issues understood expressing views merits matters raised continental appeals discussed error committed trial perhaps understandable trial preceded decision klor stores public injury charge although petitioners pleaded concerted refusal deal respondents conspiracy allocation customers per se violations sherman act charged jury conspiracy must proved reasonably calculated prejudice public interest unduly restraining trade intended injure general public restraining trade rule stated klor charge error trial also erred treatment monopolization initially charge jury defined monopolize referring joint acquisition maintenance members conspiracy formed purpose power control dominate interstate trade commerce commodity extent able group exclude actual potential competitors field accompanied intention purpose exercise power also related definition attempt monopolize action taken combination conspiracy jury instructed essential element illegal monopoly monopolization existence combination conspiracy acquire maintain power verdict must returned defendants find plaintiffs proved conspiracy petitioners duly excepted charge ground entitled prevail prove either respondent monopolized unilaterally petitioners complaint preclude reliance unilateral monopolization evidence offered relevant material charge trial misinterpretation law defining monopolization attempted monopolization terms conspiracy monopolize therefore prejudicial rather harmless error repeated new trial trial erred persistent exclusion evidence relating period ground since leir came country nothing transpired earlier relevant suit petitioners sought introduce evidence conspiracy monopolization alleged began early overt acts furtherance thereof occurred pursuant anticompetitive scheme respondents sought eliminate petitioners vanadium industry evidence clearly material petitioners charge conspiracy monopolization existence came industry eliminated furtherance thereof mean trial may place reasonable limits upon evidence set reasonable date evidence point considered remote sufficient probative value justify burdening record basis exclusionary ruling conclude judgment appeals must vacated case remanded district proceedings consistent opinion ordered footnotes person shall injured business property reason anything forbidden antitrust laws may sue therefor district shall recover threefold damages sustained cost suit including reasonable attorney fee partnership successor interest continental ore corporation organized later dissolved years question conversion accomplished respondents electric furnaces continental sought introduce making ferrovanadium aluminothermic process claimed efficient economical respondents method sherman act provide pertinent part every contract combination form trust otherwise conspiracy restraint trade commerce among several foreign nations hereby declared illegal every person shall monopolize attempt monopolize combine conspire person persons monopolize part trade commerce among several foreign nations shall deemed guilty misdemeanor complaint alleged vca sold approximately ferrovanadium vanadium oxide sold defendants said amount approximately ferrovanadium vanadium oxide sold consumed electro met sales carbide subsidiary sold approximately according petitioners evidence carbide group produced approximately domestic vanadium oxide vca produced ferrovanadium professor moore indicated ruling motion directed verdict trial views evidence light favorable party motion made appeal likewise appellate must consider evidence strongest light favor party motion directed verdict made must give advantage every fair reasonable intendment evidence justify moore federal practice see pawling cranch gunning cooley tennant peoria cf smith reinauer oil transport rule governs ruling upon motions directed verdict treble damage suits antitrust laws schad twentieth film cir wisconsin liquor park tilford distillers cf diebold poller columbia broadcasting system statement appeals relied upon bigelow rko radio pictures eastman kodak new york southern photo materials story parchment paterson parchment paper martin herzog thus bigelow stated absence precise proof jury conclude matter reasonable inference proof defendants wrongful acts tendency injure plaintiffs business evidence decline prices profits values shown attributable causes defendants wrongful acts caused damage plaintiffs elementary conceptions justice public policy require wrongdoer shall bear risk uncertainty wrong created see bordonaro theatres paramount pictures cir atlas building prod diamond block gravel royster theatres american theatres standard oil california moore congress bldg loew milwaukee towne loew cf klor stores appeals interpretation evidence continental declined deal nisley wilson independent producer vanadium oxide particularly october continental supposedly failed make effort procure nisley wilson flaked vanadium oxide january according continental refused buy pounds oxide offered nisley wilson time latter went business october nisley wilson entirely engaged processing ore furnished government vanadium oxide product obtainable allocation war production board correspondence nisley wilson continental looking toward postwar relationship continental letter might well interpreted jury refusal buy statement intention continental cooperate nisley wilson keep latter mill running peacetime pounds oxide said offered continental material actually ore oxide furthermore nisley wilson ore failed effort buy government canada entry world war ii prompted canadian government take extraordinary measures assure optimum availability strategic materials canadian private industries engaged war effort pursuant measures office metals controller established given broad powers regulate procurement materials allocate industrial users see order governor general council july metals controller enlisted aid electro met canada early delegating discretionary agency power purchase allocate canadian industries vanadium products required validity wartime measures delegations canadian law contested cf reference regulations chemicals war measures act see also brewster antitrust american business abroad fugate foreign commerce antitrust laws atty nat comm antitrust kramer application sherman act foreign commerce antitrust bull carlston antitrust policy abroad rev circumstances present controversy radically different presented american banana fruit supra doctrine approved controlling contract combination conspiracy entered parties within made effective acts done therein fundamental object control importation sales sisal complete monopoly internal external trade commerce therein complain violation laws within territory parties subject jurisdiction merely something done another government instigation private parties true conspirators aided discriminating legislation deliberate acts elsewhere brought forbidden results within within jurisdiction courts may punished offenses laws among cases condemned unilateral monopolization maryland virginia milk producers assn lorain journal see also aluminum cir shoe mach supp mass aff thus standard oil considered evidence defendants acts prior sherman act passage order ascertain monopolistic intent purpose founders standard oil trust kansas city star cir evidence period preceding criminal statute limitations allowed consideration show defendants course conduct period years indicated retained unlawful intent immediate period see oil