FTC Advisory Opinion on Joint Ads: Hearing Before the Select Committee on Small Business, House of Representatives, Eighty-eighth Congress, First Session, Pursuant to H. Res. 13 ... Washington, D. C., May 3, 1963U.S. Government Printing Office, 1963 - 155 lappuses Considers FTC advisory opinion that independent retailers may not cooperate in joint advertisements that disclose prices. |
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advertisement containing advertising plan advised advisory opinion agency agreement Antitrust Division antitrust laws Association of Retail AVERY Becker & Dorsey BISON Brookhart chains CHAIRMAN Clayton Act Commissioner Elman compete competition conditions of sale CONGRESS THE LIBRARY cooperative advertising program counsel Department of Justice DINGELL DIXON drugstores effect enforcement executive committee Executive Secretary facts Federal Trade Commission GEORGE GALE Grocery groups of retail hardware illegal independent druggists independent retail involved Iowa Pharmaceutical Association Judge Loevinger KINTNER KLUCZYNSKI letter LIBRARY OF CONGRESS LOEVINGER loss leader manufacturers Marketing Programs matter McCULLOCH membership ment MITCHELL name of product NARD National Association newspapers percent pharmacists pharmacy president price fixing product goes prosecution question RAWLINGS request Retail Druggists Robinson-Patman Act ROBISON selling prices SERRILL Sherman Act small business small businessmen small retailers Socony Vacuum STATEMENT OF COMMISSIONER submitted Supreme Court Trade Commission Act violation wholesalers
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6. lappuse - Black explained the appropriateness of, and the need for, per se rules: "[T]here are certain agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use.
148. lappuse - But apart from the common law as to restraint of trade thus taken up by the statute the law is full of instances where a man's fate depends on his estimating rightly, that is, as the jury subsequently estimates it, some matter of degree. If his judgment is wrong, not only may he incur a fine or a short imprisonment, as here; he may incur the penalty of death.
6. lappuse - We do not know enough of the economic and business stuff out of which these arrangements emerge to be certain. They may be too dangerous to sanction or they may be allowable protections against aggressive competitors or the only practicable means a small company has for breaking into or staying in business . . . and within the "rule of reason.
74. lappuse - It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect insofar as is possible the interests of small business concerns in order to preserve free competitive enterprise...
18. lappuse - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
68. lappuse - Is the act to be construed as forbidding every combination or conspiracy in restraint of trade or commerce among the States or with foreign nations?
81. lappuse - Potteries case if the range within which purchases or sales will be made is agreed upon, if the prices paid or charged are to be at a certain level or on ascending or descending scales, if they are to be uniform, or if by various formulae they are related to the market prices.
4. lappuse - Thus for over 40 years this Court has consistently and without deviation adhered to the principle that price-fixing agreements are unlawful per se under the Sherman Act and that no showing of so-called competitive abuses or evils which those agreements were designed to eliminate or alleviate may be interposed as a defense
83. lappuse - The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition. To determine that question the court must ordinarily consider the facts peculiar to the business to which the restraint is applied; its condition before and after the restraint was imposed ; the nature of the restraint and its effect, actual or probable. The history of the restraint, the evil believed to...
13. lappuse - Act places all such schemes beyond the pale and protects that vital part of our economy against any degree of interference. Congress has not left with us the determination of whether or not particular price-fixing schemes are wise or unwise, healthy or destructive. It has not permitted the age-old cry of ruinous competition and competitive evils to be a defense to price-fixing conspiracies. It has no more allowed genuine or fancied competitive abuses as a legal justification for such schemes than...