SUPREME COURT OF THE UNITED STATES
UNITED STATES v. SHUBERT ET AL.
348 U.S. 222
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.
No. 36. Argued November 9-10, 1954 -- Decided January 31, 1955
In a civil antitrust action brought by the Government to restrain alleged violations of §§ 1 and 2 of the Sherman Act, the complaint alleged, inter alia, that the defendants are engaged in the business of producing, booking and presenting legitimate theatrical attractions on a multistate basis; that this business requires a constant, continuous stream of interstate trade and commerce; and that the defendants have restrained this trade and commerce and have monopolized certain phases of it.
Held: The complaint states a cause of action, and the Government is entitled to an opportunity to prove its allegations. Pp. 223-231.
(a) As described in the complaint, defendants' business of producing, booking and presenting legitimate theatrical attractions on a multistate basis constitutes "trade or commerce" that is "among the several States" within the meaning of the Sherman Act. Pp. 225-227.
(b) Hart v. Keith Vaudeville Exchange, 262 U.S. 271, followed. Federal Baseball Club v. National League, 259 U.S. 200, and Toolson v. New York Yankees, 346 U.S. 356, distinguished. Pp. 227-230.
(c) The Federal Baseball and Toolson decisions afford no basis for a conclusion that all business built around the performance of local exhibitions are exempt from the Sherman Act. Pp. 227-230.
120 F. Supp. 15, reversed.
MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.