1. Fixing, maintaining, or enhancing prices, special charges, discounts, transportation charges, or any terms or conditions of sale which terms or conditions constitute a substantial element in competition; 2. Providing that any price lists compiled and distributed by any of them among their competitors are to be adopted and adhered to until modifications thereof are similarly compiled and distributed with the result that such original lists and amendments are so adopted and adhered to by any of them and their competitors; 3. Imposing, attempting, or threatening to impose, by any means whatsoever, any penalty on manufacturers who fail or refuse to adopt and adhere to the prices or lists compiled and distributed as stated in paragraphs (1) and (2) hereof; 4. Participating with competitors in initiating or conducting any investigation for the purpose of ascertaining and reporting for their joint benefit if, when, and to what extent any competitor has deviated from any price list or any announced or quoted price, or otherwise bringing pressure or persuasion to bear upon competitors not to deviate from any such price list or price, provided that this paragraph shall not prevent the circulation of reports of the prices, terms, conditions, and like particulars of closed transactions, when not done for the purpose of policing the activities prohibited in paragraph (1) or (2); 5. Compiling and distributing among competitors information as to any discounts from, or terms, of sale applicable to, any price or price list agreed to be adopted and adhered to as described in paragraphs (1) and (2), whether for specified quantities for prompt payment or for other reasons, including any means or methods by which to calculate prices on goods that vary in grade or specification from the grades and specifications to which such prices or price lists ordinarily apply, with the understanding that such discounts, terms of sale, or means or methods are to be adopted and adhered to by any of them and their competitors until modifications thereof are distributed among such competitors and with the result that such discounts, terms of sale, or means or methods are so adopted and adhered to; 6. Determining or attempting to determine what concerns shall be recognized as jobbers for the distribution of the products of the industry, refusing to sell concerns not jointly recognized by the manufacturers as jobbers, requiring jobbers to sell their customers at list prices or at other prices, prescribed by the manufacturers, detecting and reporting jobbers who fail to maintain the prescribed resale price, and refusing to sell such jobbers, where the effect may be to prevent jobbers from competing with each other as to price on the goods of a particular manufacturer or on the goods of said manufacturers generally; 7. Refusing to sell any buyer who so elects at a price calculated f. o. b. point or place from which the goods purchased are actually shipped; 8. Requiring that customers purchase only on a delivered price basis, whether in the form of a single delivered price throughout the United States or throughout each of any number of price zones; 9. Making any payment or allowance to buyers for the return of reels on which cable or wire is wound for delivery, where such payment or allowance is other than the actual cost of return freight to place of shipment and where as a necessary incident to paying or allowing other than the actual freight, identity of delivered prices is preserved and maintained among the respective respondent manufacturers. 10. Agreeing or attempting to agree with any competing manufacturer when both are selling goods as licensees under the same patent for the purpose and with the effect of fixing a price or prices at which they shall each sell the article covered by their licenses, and for the purpose or with the effect of obtaining from their licensor a requirement that the price so arrived at shall be adhered to under the terms of their respective license agreements; Provided, That this paragraph shall not abridge any legal rights of a licensor under a patent or patent license agreement. (D. 2565, 24 F. T. C. 323.) U. S. v. B. Wolf et al. U. S. District Court for the Northern District of Illinois, Eastern Division; judgment for $2,000 on Nov. 24, 1948. Alvin B. Wolf et al. t/a De Luxe Products Co. etc. had been ordered on Dec. 9, 1941, in connection with the interstate sale, etc., of bedspreads, pillows, wristwatches, chinaware, rifles, night cases, dolls, kitchenware, blankets, suede jackets, clocks, tableware, hot water bottles, fountain pen and pencil sets, salt and pepper sets, and other articles of merchandise, to cease and desist from: 1. Supplying to or placing in the hands of others pull cards or any device or devices which are to be used or may be used in the sale and distribution of said merchandise to the public by means of a game of chance, gift enterprise or lottery scheme. 2. Shipping, mailing, or transporting to agents, or distributors, or to members of the public, pull cards, or any other device or devices which are to be used or may be used in the sale or distribution of said merchandise to the public by means of a game of chance, gift enterprise, or lottery scheme. 3. Selling or otherwise disposing of any merchandise by means of a game of chance, gift enterprise, or lottery scheme. 4. Using the unqualified term "silver" to designate or describe tableware or other articles of merchandise which are not made entirely of silver. 5. Representing that the price charged for merchandise is less than the usual retail price of such merchandise when such is not the fact. (D. 3634, 34 F. T. C. 301.) INDEX Abandonment of unfair practice: Page as interstate commerce_ FTC invested with wide discretion as to resumption.. not error for FTC to issue desist order after.. Abandonment of unfair practice before issuance of complaint: no bar to Administrative commission or tribunal: competence in special fields forbids courts to disturb their relief.... mandamus as appropriate remedy for court to require exercise of Administrative proceedings: written statement by person not party to Administrative remedy: must be exhausted before appeal to court. conclusion of FTC as to meaning of, may not be disturbed unless 621 621 439 111 116 111 191 535 115 458 377 FTC may insist upon most literal truthfulness in 233 FTC may require wording to protect the most ignorant purchaser_ whether calculated to deceive, is question of fact for FTC.. 378 Advertising: FTC discretion to insist upon clear form of FTC not required to sample public opinion in determining propriety of 233 197 346 Advertising falsely and misleadingly: prohibitions affirmed. See Unfair Advertising, misleading: author of, furnishing it to customer-dealers, is 211 Advertising furnished: as service or facility connected with processing, 345 "Agreed or planned", words inserted before "common course of action" to 101 Agreement: See also Combination, Conspiracy. acceptance by competitors without, of invitation to participate in existence of plan equalizing delivered prices constitutes strong evi- 747 finding of, strongly supported by freight rate system, simultaneous may be inferred from price uniformity accompanied by artificial parties liable if they clearly maintain prices without express_ 132 762 Aiding and abetting unfair act, etc.: as justifying desist order against lottery merchandising-- Air carriers: excepted from FTC jurisdiction... "Alpacuna" men's overcoats: Page 439 595 4 affirmance of prohibition of misleading trade name. 294 422 476 Ambiguity: word "planned" inserted before "common course of action" 101 Asbestos pipe covering: affirmance of prohibition of concerted price 605 "Ayds" weight-reducing candy: prohibition of false advertising set aside. 470 423 Banks: excepted from FTC jurisdiction... 4 Basing point: necessarily involves price discriminations where distant 350, 706 Basing point pricing system: as involving systematic price discriminations finding of "self-perpetuating" as not finding of unlawful combination 706 340 536 340 prohibition of concerted use enforced by Supreme Court_ Basing point pricing system, single: 676 510 Commission's motion to strike alleged changed facts denied re steel consent decree enforcing prohibition re steel ("Pittsburgh Plus"). prohibition re glucose vacated by Court of Appeals - Bingo paraphernalia, supplying of: affirmance of prohibition.. 367 789 428 234 331, 346 250 437 822 751 Book paper: affirmance of prohibition of concerted price fixing. Court of Appeals. Supreme Court... 234 331, 346 prohibition vacated on plea of good faith to meet competition.. Brokerage payments under sec. 2 (c), Clayton Act: denial of petition to review prohibition... forbidden on sale or purchase to other party to transaction 250 343, 356 168 379 406 406 "Buck Skein", misleading name for fabric garments; dismissal of petition 185 Buyers' purchasing agent, payment of brokerage to: prohibition affirmed. 379 822 "Canada" beer: petition for review of prohibition of misleading name 454 Capacity to deceive: representations merely having, are unlawful. 233 600 Carload discounts: since Congress did not give favored classification to, 725 Cease and desist order of FTC. See Order to cease and desist of Federal Cement: Court of Appeals vacating of order prohibiting basing-point price denial of motion to set aside District Court, re recusation of FTC... "Cheramy" perfumes and toilet preparations: affirmance of prohibition of Chicory: affirmance of prohibition of disparaging competitor's product, Circuit Court of Appeals: appeal to, as exclusive remedy in FTC cases. FTC cases in— First Circuit: Page 510 307 676 217 107 151 115 affirmance of prohibition of: tying leases-rivet-setting 412 dismissal of petition to review prohibition of concerted re- 426 Second Circuit: affirmance of prohibition of: concerted price fixing-law books. 644 failure to reveal Japanese origin-lenses and sun concerted price fixing, exclusive dealing, etc.-screen reversal of prohibition of misleading product name: "Red 667 271 293 misleading product name— "Alpacuna" overcoats. 294 316 476 denial of petition for modification-"Alpacuna" overcoats - 422 315 |