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PREFACE

HOUSE OF REPRESENTATIVES,
SELECT COMMITTEE ON SMALL BUSINESS,

Washington, D.O., September 17, 1969.
Hon. PAUL RAND DIXON,
Chairman, Federal Trade Commission,
Washington, D.C.

DEAR MR. CHAIRMAN: In further reference to Chairman Evins' letter of August 7, 1969, it would be appreciated if the following information could be provided :

1. Copies of all Trade Regulation Rules and Industry Guides (does not appear in appendix).

2 A representative sample of Advisory Opinions dealing with the RobinsonPatman Act.

3. A compilation of votes cast by each member of the Commission since January 1, 1961, on issues involving the Robinson-Patman Act. The compilation requested would include investigations, issuances of formal complaint, interlocutory rulings, cease and desist orders, advisory opinions, trade practice rules, trade regulation rules, etc. (partially contained in hearing record).

4. All (only selected material appears in appendix) information provided to Mr. Robert Pitofsky, Counsel for the Commission to Study the FTC, appointed by the President of the American Bar Association; also copies of any information provided to individual members of the ABA commission.

5. Copies of memoranda, including staff papers, letters and other documents, evidencing views of Commission members with respect to the proposed budget submitted by the FTC to the Bureau of the Budget for fiscal years 1970 and 1971 (including copies of proposed budget). 6. A résumé of each member of the Commission.

7. Copies of memoranda, notes, letters, etc., by members of the Commission indicating individual appraisal of the role, effectiveness, and enforcement of the Robinson-Patman Act by the FTC.

8. The personnel figures, by Bureau, on the turnover of young FTC attorneys with less than five years' experience since 1966.

9. Copies of Commission minutes in the matter of Associated Merchandising Corporation, Docket No. 8651. It would appear that additional material may be necessary and your continued cooperation would be appreciated by Chairman Dingell. Sincerely yours,

GREGG POTVIN, General Counsel. (III)

APPENDIX CONTENTS

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Preface..

Response to Question 2 (A Representative Sample of Advisory Opinions

Dealing With The Robinson-Patman Act):

1. Federal Trade Commission Advisory Opinion Digests (June 1,

1962 to December 31, 1968)--

2. Advisory Opinion Digests January 17, 1969 thru September 24,

1969 (Digests Nos. 314 thru 366) --

3. Total Number of Advisory Opinions Issued by Commission 1962

thru 1969..

4. Proceedings of The Seventh Annual Corporate Counsel Institute-

October 10 and 11, 1968..

6. Report Of Program Review Office, Federal Trade Commission, on

Bureau of Industry Guidance: Division of Advisory Opinions;

Division of Industry Guides; Division of Trade Regulation

Res- A gust 28, 1969.-

Response to Question 3:

TV. Summary of Commission votes as to whether the Solicitor General

should be requested to file petitions for certiorari to the Supreme

Court after adverse decisions in the courts of appeals.---

Minutes and letters to Solicitor General relating to petitions for

certiorari.---

1. Anheuser-Busch, Inc., v. FTC (7th Cir. 1961).

a. Minute of March 31, 1961.

b. Minute of June 20, 1961.

c. Minute of July 6, 1961.

d. Minute of July 27, 1961.

e. Letter of April 3, 1961.

f. Letter of June 5, 1961.

2. Swanee Paper Corp. v. FTC (2d Cir. 1961) --

a. Minute of October 5, 1961.

b. Minute of December 21, 1961.

c. Minute of March 13, 1962.

d. Letter of October 4, 1961.

e. Letter of December 22, 1961.

3. Sun Oil Co., v. FTC (5th Cir. 1961).

a. Minute of October 5, 1961.

b. Minute of November 13, 1961.

c. Minute of November 15, 1962.

d. Letter of October 4, 1961.

4. Exquisite Form Brassiere, Inc., v. FTC (1962)--

a. Minute of January 16, 1962.

b. Minute of February 13, 1962.

c. Minute of February 27, 1962.

d. Minute of June 5, 1962.

e. Letter of January 17, 1962.

5. Grand Union Co. v. FTC (2d Cir. 1962)--

a. Minute of July 12, 1962.

b. Letter of July 10, 1962.

6. Shulton, Inc. v. FTC (7th Cir. 1962)

a. Minute of September 4, 1962.

7. Sunshine Biscuits, Inc. v. FTĆ (7th Cir. 1962) --

a. Minute of September 4, 1962.

b. Minute of October 30, 1962.

c. Minute of November 8, 1962.

d. Minute of November 20, 1962.

e. Letter of August 14, 1962.

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Response to Question 3Continued

IV. Summary of Commission, et cetera-Continued

Minutes and letters, et cetera-Continued

8. Thomasville Chair Co. v. FTC (5th Cir. 1962)...

a. Minute of September 25, 1962.

b. Minute of November 27, 1962.

c. Minute of September 19, 1963.

d. Minute of October 18, 1963.

e. Letter of September 25, 1962.

9. Alhambra Motor Parts v. FTC (9th Cir. 1962) --

a. Minute of January 16, 1963.
10. Vanity Fair Paper Mills, Inc. (2d Cir. 1962).

a. Minute of January 15, 1963.

11. American Oil Co. v. FTC (7th Cir. 1963)--

a. Minute of January 21, 1964.

b. Minute of April 8, 1964.

c. Letter of January 21, 1964.

12. Nuarc Co. v. FTC (7th Cir. 1963).

a. Minute of June 18, 1963.

13. Central Retailer-Owner Grocers, Inc. v.FTC (75th Cir. 1963) -

a. Minute of September 10, 1963.

b. Minute of September 12, 1963.

c. Minute of November 7, 1963.

d. Minute of November 12, 1963.

e. Letter of August 23, 1963.

14. R. H. Macy & Co. Inc. v. FTC (1964).

a. Minute of March 3, 1964.
15. Tri-Valley Packing Association v. FTC (9th Cir. 1964)-----

a. Minute of July 1, 1964.
16. Forster Mfg. Co. v. FTC (1st Cir. 1964) -

a. Minute of October 15, 1964.
b. Minute of November 18, 1964.

c. Minute of March 24, 1965.

17. Borden Co. v. FTC (5th Cir. 1964)

a. Minute of January 25, 1965.

b. Minute of April 1, 1965.

c. Minute of April 7, 1965.

d. Letter of January 25, 1965.

e. Letter of January 26, 1965.

18. Borden Co. v. FTC (7th Cir. 1964)

a. Minute of February 8, 1965.

b. Minute of February 16, 1965.

c. Letter of February 17, 1965.

19. Joseph Kaplan, Inc. v. FTC (D.C. Cir. 1965).....

a. Minute of June 22, 1965.

20. Universal-Rundle Corp. v. FTC (7th Cir. 1965)----

a. Minute of February 2, 1967.

b. Minute of February 8, 1966.

c. Letter of February 4, 1966.

21. Bascom Doyle v. FTC (5th Cir. 1966)-

a. Minute of February 24, 1966.

b. Minute of March 29, 1966.

22. FTC v. Jantzen, Inc. (9th Cir. 1966).

a. Minute of March 29, 1966.

b. Minute of April 5, 1966.

c. Minute of April 13, 1966.

d. Minute of June 21, 1966.

e. Letter of April 13, 1966.

23. Flotill Products, Inc. v. FTC (9th Cir. 1966).-

a. Minute of September 7, 1966.

b. Minute of January 23, 1968.

c. Minute of January 31, 1968.

d. Minute of September 18, 1968.

e. Letter of August 29, 1966.

24. Fred Meyer, Inc. v. FTC (9th Cir. 1966) --

a. Minute of June 15, 1966.

b. Minute of July 28, 1966.

c. Minute of October 6, 1966.

d. Letter of July 29, 1966.

451

452

456

458

Response to Question 3—Continued

IV. Summary of Commission, et cetera—Continued

Minutes and letters, et cetera-Continued

25. Callaway Mills Co. v, FTC (5th Cir. 1966) --

a. Minute of September 7, 1966.

b. Minute of October 25, 1966.

c. Letter of August 11, 1966.

26. Dayco Corp. v. FTC (6th Cir. 1966).

a. Minute of September 7, 1966.

b. Minute of October 12, 1966.

c. Minute of October 26, 1966.

27. FTC v. Standard Motor Products, Inc., (2d Cir. 1967).----

a. Minute of March 22, 1967.
b. Minute of June 28, 1967.

c. Letter of March 13, 1967.

28. William H. Rorer, Inc. v. FTC (2d Cir. 1967).-

a. No minutes or Letters.

29. Borden Co. v. FTC (5th Cir. 1968).

a. Minute of September 19, 1967.

b. Minute of November 14, 1967.

c. Letter of August 30, 1967.

30. Universal-Rundle Čorp. v. FTC (7th Cir. 1967)---

a. Minute of September 28, 1967.

31. American Motors Corp, v. FTC (6th Cir. 1967).-

a. Minute of October 31, 1967.

b. Minute of May 2, 1968.

c. Letter of October 31, 1967.

32. Dean Milk Co. v. FTC (7th Cir. 1968) -

a. Minute of May 14, 1968.

b. Minute of June 11, 1968.

c. Minute of July 2, 1968.

33. National Dairy Products Corp. v. FTC----

8. Minute of July 8, 1969.
C. Advisory Opinions, Trade Practice Rules, Trade Regulation Rules,

etc.
(1) Votes of Commissioners on Advisory Opinions Con-

taining Robinson-Patman Issues-Since 1961.1
(2) Votes of Commissioners on Trade Practice Rules Con-

taining Robinson-Patman Provisions-Since 1961.'
(3) Published Trade Regulation Rule Connected With The

Robinson-Patman Act.
(4) Published Commission Guides Containing Some Reference

To The Robinson-Patman Act.'

Response to Question 4:

Economic Report on Milk and Bread Prices (October 1966).

Memoranda to Commission from Commissioner Philip Elman, dated

January 14, 1969 and May 2, 1969, re Reorganization Plan No. 8

of 1950: Commission Approval of Appointments of Heads of Major

Administrative Units.--

Memorandum to Commission from General Counsel dated May 29,

1969, re "Heads of major administrative units” as contemplated

by Reorganization Plan No. 8 of 1950..

Letter to the Honorable John N. Mitchell, Attorney General, from

Paul Rand Dixon, Chairman, dated June 12, 1969, attaching

copy of his letter to the Chairman, Civil Service Commission and

General Counsel memorandum of May 29, 1969; joint letter to

Attorney General John N. Mitchell signed by Commissioners Philip

Elman, Mary Gardiner Jones and James M. Nicholson, dated

June 13, 1969; and letter to Attorney General John N. Mitchell

from Commissioner A. Everette MacIntyre, dated June 20, 1969–

all pertaining to the authority to make appointments of key staff

personnel.

Letter to John N. Wheelock from Richard W. McLaren, Department

of Justice, dated March 21, 1969, and miscellaneous correspondence

re liaison arrangement with Department of Justice

" In committee file.

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