Hearings, Reports and Prints of the House Select Committee on Small Business, Volume 3

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Page 379 - 5 of the Federal Trade Commission Act (38 Stat. 719 as amended by 52 Stat. Ill, 15 USC 45). Section 2(a) of the amended Clayton Act prohibits any person engaged in commerce from discriminating in price between different purchasers of commodities of like grade and quality "where the effect of such discrimination may be substantially to lessen competition,
Page 471 - sec. 2(b) does not concern itself with pricing systems or even with all the seller's discriminatory prices to buyers. It speaks only of the seller's "lower" price and of that only to the extent that it is made "in good faith to meet the equally low price of a competitor." The Act thus places emphasis on individual
Page 405 - That nothing herein contained shall prevent a seller rebutting the prima facie case thus made by showing that his lower price or the furnishing of services or facilities to any purchasers or purchasers was made in good faith
Page 369 - 'no objection that has not been urged before the Board, its member, agent or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances," and declined to entertain the issue. It limited Express Publishing by stating (327 US at 387) that in that decision it had "merely held that whether such an inclusive
Page 367 - reviewing court—the only role given it by the Congress—and improperly assumed one of the fundamental functions of the administrative agency. "The relation of remedy to policy is peculiarly a matter for administrative competence." Carter Products v. Federal Trade Commission, 268 F.2d 461, 498 (9th Cir. 1959),
Page 404 - such commerce. * * * to discriminate in price between different purchasers of commodities of like grade and quality. * * * where the effect of such discrimination may be substantially to lessen competition
Page 558 - carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law
Page 470 - than undercut competition (Slip Opinion, p. 17). Finally, the court held that Cabin Crafts was not required to introduce in evidence its list prices and those of competitor to ". . . show facts which would lead a 'reasonable and prudent person' to believe that the granting of lower prices would in fact meet the equally low price of a competitor
Page 12 - FOREWORD The businessmen of the country desire something more than that the menace of legal process... be made explicit and intelligible. They desire the advice, the definite guidance and information which can be supplied by an administrative body, an interstate trade commission.
Page 556 - Nos. 7. 8. 9 and 11 of 1950. relating to the Interstate Commerce Commission, the Federal Trade Commission, the Federal Power Commission, and the Federal Communications Commission, used Identical language In proposing new authority to the Chairmen of the respective Commissions {Hearings before the Senate Committee on Expenditures in the Executive Department

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