United States v. Parke, Davis & Co., 365 U.S. 125 (1961)

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Syllabus

Holding that the Government’s proofs were sufficient to show that respondent had violated the Sherman Act, this Court reversed the District Court’s judgment dismissing the complaint and remanded this case with directions to afford respondent a further opportunity to submit evidence to refute the Government’s right to injunctive relief. 362 U.S. 29. On remand, respondent introduced evidence not to rebut the Government’s proof as to violation, but only to show that it had abandoned its illegal sales policy and that, therefore, an injunction was not necessary. The District Court entered an order denying not only injunctive relief, but also an adjudication that respondent had violated the law.

Held: the Government is entitled to a judgment on the merits, and the District Court should retain the case on the docket for future action if the Government applies for further relief from an alleged resumption by respondent of illegal activity. Pp. 125-126.