Advertising Allowances, Hearing Before ... 88-1 on Competitive and Antitrust Aspects of Joint Advertising Programs by Retailers, and the Nature and Purpose of Advertising Allowances Given to Retailers by Manufacturers and Wholesalers, September 11, 19631964 - 100 lappuses |
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advertising agencies advisory opinion agreement antitrust laws appliance ARMISTEAD Association of National brand buyers chains CHAIRMAN Clayton Act co-op advertising co-op allowance co-op funds Commissioner committee companies competition cooperative adver cooperative advertising allowances cooperative advertising dollar cooperative advertising funds cooperative advertising plans cooperative advertising practices cooperative advertising programs customers dealers department stores distribution distributors DIXON double billing drug druggists facturer fair trade Federal Trade Commission giant retailer HICKS hidden clerks independent retailers Lockley LOCKLIN loss leaders manu manufacturer's merchandise national advertisers national rate NOLEN nonselective channels offer paid percent PETERSON price fixing Printers problem promotional purchases push money question retail advertising Robinson-Patman Act section 2(d selective channels shelf space Sherman Act small business small retailers Socony Vacuum space brokering tising tive advertising vendor Vertical Cooperative Advertising violation Ward Burton WEISS wholesalers Women's Wear Daily
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13. 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.
16. 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.
13. 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.
65. lappuse - ... (d) That it shall be unlawful for any person engaged in commerce to pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale, or offering for sale of any products or commodities manufactured, sold, or offered for sale by such person, unless such payment or consideration...
14. lappuse - Thus for over forty 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 socalled competitive abuses or evils which those agreements were designed to eliminate or alleviate may be interposed as a defense.
13. 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...
14. lappuse - L.Ed. 518, in which a decree was affirmed which restrained a combination from "raising or lowering prices or fixing uniform prices" at which meats will be sold. Hence prices are fixed within the meaning of the Trenton 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.
2. lappuse - Any respondent subject to a Commission order may request advice from the Commission as to whether a proposed course of action, if pursued by it, will constitute compliance with such order. The request for advice should be submitted in writing to the Secretary of the Commission and should include full and complete information regarding the proposed course of action.
5. lappuse - If the purpose and practice of the combination of garment manufacturers and their affiliates runs counter to the public policy declared in the Sherman and Clayton Acts, the Federal Trade Commission has the power to suppress it as an unfair method of competition.
14. lappuse - We believe, however, that the record fully supports the District Court's findings that shoe stores in the outskirts of cities compete effectively with stores in central downtown areas, and that while there is undoubtedly some commercial intercourse between smaller communities within a single "standard metropolitan area...