Mogul Steamship Co. v. Mcgregor, Gow, &Co.

23 Q.B.D. 598 (1889), affirmed A.C. 25 (1892)

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Nature of the Case

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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.