seagram sons argued december decided january agreement among competitors interstate commerce fix maximum resale prices products violates sherman act sherman act combination formed purpose effect raising depressing fixing pegging stabilizing price commodity interstate foreign commerce illegal per se evidence case sufficient support finding jury respondents conspired fix maximum resale prices pp action sherman act treble damages brought complainant injured conspiracy sellers liquor interstate commerce fix maximum resale prices defense complainant conspired others fix minimum prices liquor violation antitrust laws fact corporations common ownership control relieve liability antitrust laws especially hold competitors since district instructions jury submitted cause action sherman act err refusing formal withdrawal issue concerning violation clayton act charged complaint proved reversed action sherman act treble damages jury returned verdict petitioner damages awarded appeals reversed granted certiorari reversed joseph daniels paul porter argued cause filed brief petitioner paul davis argued cause respondents brief joseph hartfield thomas kiernan solicitor general perlman acting assistant attorney general underhill charles weston filed brief amicus curiae supporting petitioner justice black delivered opinion petitioner company indiana drug concern wholesale liquor business respondents seagram calvert corporations affiliated companies sell liquor interstate commerce indiana wholesalers petitioner brought action federal district treble damages sherman act complaint charged respondents agreed conspired sell liquor indiana wholesalers resell prices fixed seagram calvert agreement deprived petitioner continuing supply liquor great damages trial evidence introduced tending show respondents fixed maximum prices wholesalers resell jury returned verdict petitioner damages awarded appeals seventh circuit reversed held agreement among respondents fix maximum resale prices violate sherman act prices promoted rather restrained competition also held evidence insufficient show respondents acted concert doubt correctness decision questions important antitrust litigation prompted us grant certiorari appeals erred holding agreement among competitors fix maximum resale prices products violate sherman act agreements less fix minimum prices cripple freedom traders thereby restrain ability sell accordance judgment reaffirm said oil sherman act combination formed purpose effect raising depressing fixing pegging stabilizing price commodity interstate foreign commerce illegal per se appeals also erred holding evidence insufficient support finding jury respondents conspired fix maximum resale prices jury authorized evidence accept following facts seagram refused sell petitioner others unless purchasers agreed maximum resale price fixed seagram calvert first willing sell without restrictive condition arrangements made petitioner buy large quantities calvert liquor petitioner subsequently informed calvert however arrangements carried calvert go along seagram moreover time conferences held officials respondents concerning sales liquor petitioner thereafter identical terms fixing retail prices seagram calvert resumed sales indiana wholesalers agreed abide conditions shipments made petitioner foregoing sufficient justify challenged jury finding respondents unity purpose common design understanding forbade purchasers exceed fixed ceilings thus support conclusion conspiracy existed american tobacco even though respondents point testimony record indicating price policies seagram calvert arrived independently respondents also seek support judgment reversal grounds passed appeals argued orally briefs grounds raise issues law calling examination appraisal evidence consider respondents introduced evidence district designed show petitioner agreed indiana wholesalers set minimum prices sale liquor violation antitrust laws contended trial erred charging jury petitioner part conspiracy even proved defense present cause action hold instruction correct seagram calvert acting individually perhaps might refused deal petitioner indiana wholesalers sherman act makes offense respondents agree among stop selling particular customers petitioner others guilty infractions antitrust laws held responsible appropriate proceedings brought government injured private persons alleged illegal conduct petitioner however legalize unlawful combination respondents immunize liability injured cf fashion originators guild trade mandeville island farms american crystal sugar respondents next suggest status mere instrumentalities single unit makes impossible conspired manner forbidden sherman act suggestion runs counter past decisions common ownership control liberate corporations impact antitrust laws yellow cab rule especially applicable respondents hold competitors also claimed district improperly refused withdraw jury issue respondents violation clayton act charged complaint proved fair reading instructions jury however reveals trial submitted cause action sherman act convinced record formal withdrawal clayton act issue served solely confuse contentions error admission evidence charge jury devoid merit unnecessary discuss judgment appeals reversed district affirmed ordered petitioner also charged violation clayton act theory abandoned important see infra