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Courts applied the Act without consistent economic analysis until 1914, when it was complemented by the Clayton Act which specifically prohibited exclusive dealing agreements, particularly tying agreements and interlocking directorates, and mergers achieved by purchasing stock.
The fact that the employer's turnover (and ultimate viability) is to a large extent periled on supply contracts entered into because of formal tying agreements or informal 'understandings' does not augur well for the employee's prospects unless he can show that the patent influenced the customer to buy on the scale which he did.