Northern California Pharmaceutical Association, a Corporation, and Donald K. Hedgpeth v. United States

Appellants stand convicted of violation of § 1 of the Sherman Antitrust Act, 15 U.S.C.A. § 1 et seq. The indictment charges a combination and conspiracy in restraint of trade and commerce among the several states during the period 1956-1960, consisting of “a continuing agreement, understanding and concert of action among the defendants, co-eonspira-tors, and others to the grand jurors unknown, the substantial terms of which have been and are that they agree:

“(a) To establish and maintain uniform prices for prescription drugs sold to consumers in northern California; [and]

“(b) To adopt the prescription pricing schedule formulated by [appellant] Hedgpeth * *

Northern California Pharmaceutical Association (hereinafter the “Association”) is an incorporated California trade association with headquarters at San Francisco. It has more than 1500 retail pharmacist members, of whom almost three-fourths own and operate their own pharmacies. An annually elected executive board composed of officers and directors is responsible for the conduct of Association affairs. Among other corporate purposes, the Association is “[t]o provide means whereby retail druggists by united or concerted…