COMPETITION - Black's Law Dictionary

What is COMPETITION? Definition of COMPETITION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

Rivalry. People ex rel.  Broderick v. Goldfogle, 123 Misc. 399, 205 N.Y.S. 870, 877. The play of contending forces ordinarily  engendered by an honest  desire for gain. U. S. v. American Linseed Oil Co., 43 S.Ct. 607, 611, 262 U.S. 371, 67 L.Ed. 1035. The  effort of two  or more parties, acting independently, to secure the custom of a third party by  the  offer of the  most favorable terms. It is the  struggle between rivals for the same  trade  at the same  time;  the act of seeking or endeavoring to gain what another  is endeavoring to gain  at the  same time. Lipson v. Socony Vacuum Corporation, C.C.A.Mass., 87 F.2d 265, 270.

As used in a statute  taxing moneyed capital  competing with national banks,  "competition" means  a condition of business rivalry which arises when moneyed capital is devoted with reasonable continuity and regularity  to operations having for their primary and characteristic purpose, as distinguished from some incidental operations or details, the transaction of some branch of business  which may be carried on by national banks, and it is not necessary  that this employment shall bring capital into competition with all of such branches.  People ex rel. Pratt v. Goldfogle,  242 N.Y. 277, 151 N.E. 452, 461. The term involves the idea of struggling to obtain the same  thing. First  Nat.  Bank City of Hartford, 187 Wis. 290, 203 N.W. 721, 729. See, also, First Nat. Bank v. City of Hartford, 47 S.Ct. 462, 466, 273 U.S. 548, 71 L. Ed. 767, 59 A.L.R. 1.

Unity  of object  with diversity of method Is the essence of competition.  Continental  Securities Co. v. Interborough Rapid Transit Co., D.C.N.Y., 207 F. 467, 470.

Scotch Practice

The contest among creditors claiming on their respective diligences,  or creditors claiming on their securities. Bell.

Unfair  Competition in Trade

See Unfair.

More On This Topic: CONSOLIDATION 

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That's the definition of COMPETITION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.

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