Hearings, Reports and Prints of the Senate Committee on the JudiciaryU.S. Government Printing Office, 1971 |
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agreements allegations antitrust laws BANGERT beverages bill Bottling Company bottling plants Canada Dry central warehousing chain stores Chairman CHUMBRIS Coca-Cola Bottling Coca-Cola Bottling Co Coca-Cola Company Coke Cola complaint concentrate Congress consumer contract corporation cost Cott Corporation Court customers dealers distribution distributors Dr Pepper economic effect exclusive territorial Federal Trade Commission firms Flavors franchise companies franchise system Franchised Plants grocery increase interbrand competition intrabrand jury land and sales large bottlers located Market area million national brand nonreturnable number of employees operations outlets package Paragraph Pepsi Pepsi-Cola PepsiCo percent post-mix syrups pre-mix President product differentiation profit purchase Respondent restraints retail returnable bottles Royal Crown Royal Crown Cola Schwinn sell Senator HART serve Seven-Up small bottlers Soft Drink Association soft drink bottling soft drink industry soft drink manufacturers soft drink products soft drink sales sold staff statement Taft territorial restrictions tion United warehouse wholesale
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10. lappuse - ... shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this title, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right.
416. lappuse - The question is whether this is a reasonable restraint of trade. And we do not see how a better test can be applied to the question, whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favour of whom it is given, and not so large as to interfere with the interests of the public.
293. lappuse - ... all of the material allegations to be true. Such an answer shall constitute a waiver of hearings as to the facts alleged in the complaint, and together with the complaint will provide a record basis on which the...
562. lappuse - From this standard evolved a rule of per se unreasonableness in certain situations. "[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.
251. 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.
272. lappuse - Commission at least thirty (30) days prior to any proposed change in the corporate respondent such as dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance obligations arising out of the order.
247. lappuse - This principle of per se unreasonableness not only makes the type of restraints which are proscribed by the Sherman Act more certain to the benefit of everyone concerned, but it also avoids the necessity for an incredibly complicated and prolonged economic investigation into the entire history of the industry involved, as well as related industries, in an effort to determine at large whether a particular restraint has been unreasonable an inquiry so often wholly fruitless when undertaken.
4. lappuse - It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes.
271. lappuse - ... to find the facts to be as alleged in the complaint and to enter an initial decision containing such findings, appropriate conclusions and order.
351. lappuse - If you have any questions, I will try to answer them. Senator MOORE.