MOGUL STEAMSHIP CO. V. McGREGOR, GOW, &CO.
23 Q.B.D. 598 (1889), affirmed A.C. 25 (1892)
NATURE OF THE CASE: This was a dispute over unfair competition.
FACTS: Ds are a number of ship-owners who formed themselves into a league or conference
for the purpose of ultimately keeping the control of the tea carriage from certain Chinese
ports and for the purpose of driving Ps and other competitors from the field. Ds
accomplished their goals by offering local shippers very low rates thus rendering it
unprofitable for Ps to send their ships there. Furthermore, they also offered a 5 percent
rebate to all local shippers and agents who would deal exclusively with them with a penalty
of forfeiture of that rebate for the entire year if any straying occurred. It was clear that
Ds had no personal ill-will to Ps, nor any desire to harm them except such as is involved in
the wish and intention to discourage by such measures Ps from sending rival vessels to such
ports.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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