United States v. W. T. Grant Co., 345 U.S. 629 (1953)

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Under § 15 of the Clayton Act, the United States sued in a federal district court to enjoin an individual and six corporations from violating § 8 through the holding by the individual of interlocking directorates in three pairs of competing corporations. Thereafter, the individual resigned his directorship in one out of each pair of corporations and filed affidavits disclaiming any intention of resuming such directorates. On motion of the defendants, the court then granted summary judgment dismissing the suit.

Held:

1. The power of the Federal Trade Commission under § 11 to enforce § 8 is not exclusive, and the court had jurisdiction under § 15 to entertain the suit. Pp. 631-632.

2. The termination of the interlocking directorates did not render the case moot. Pp. 632-633.

3. The court did not abuse its discretion by refusing to grant injunctive relief. Pp. 632-636.

112 F.Supp. 336, affirmed.

The District Court dismissed the Government’s suit to enjoin violations of § 8 of the Clayton Act, 15 U.S.C. § 19. 112 F.Supp. 336. On direct appeal to this Court under 15 U.S.C. § 29, affirmed, p. 636