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actual advertising ALGER American antitrust Association AVERY believe bill brand Chairman commerce Commission committee commodity compete competition concerned Congress consumer contracts cost Court customers dealers decision Department discount distribution distributors DOLLINGER economic effective Electric enacted enforcement established existence fact fair trade fair-trade fair-trade laws Federal Trade give going houses identified important independent industry interest Justice leader legislation less loss Mack maintain manufacturer McGuire means measure merchandise notice offer operation passed percent permit person practices present price cutting price fixing problem profit protection question reason represent require resale price maintenance respect result retail sell small business sold statement Supreme Court Thank thing tion trademark unfair United WALLER wholesalers
Page 3 - Columbia, which in substance provides that willfully and knowingly advertising, offering for sale, or selling any commodity at less than the price or prices prescribed in such contracts or agreements whether the person so advertising, offering for sale, or selling is or is not a party to such a contract or agreement, is unfair competition and is actionable at the suit of any person damaged thereby.
Page 55 - ... when contracts or agreements of that description are lawful as applied to intrastate transactions, under any statute, law, or public policy now or hereafter in effect in any State, Territory, or the District of Columbia in which such resale is to be made, or to which the commodity is to be transported for such resale...
Page 324 - Unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful. The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to the Civil Aeronautics Act of 1938...
Page 3 - Commission where applicable to common carriers engaged in wire or radio communication or radio transmission of energy ; in the Civil Aeronautics Board where applicable to air carriers and foreign air carriers subject to the Civil Aeronautics Act of 1938...
Page 323 - An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes...
Page 323 - That nothing herein contained shall render illegal, contracts or agreements prescribing minimum prices for the resale of a commodity which bears, or the label or container of which bears, the trade mark, brand, or name of the producer or distributor of such commodity and which is in free and open competition with commodities of the same general class produced or distributed by others, when contracts or agreements of that description are lawful as applied...
Page 406 - So far as the requirement of due process is concerned, and in the absence of other constitutional restriction, a state is free to adopt whatever economic policy may reasonably be deemed to promote public welfare, and to enforce that policy by legislation adapted to its purpose. The courts are without authority either to declare such policy, or, when it is declared by the legislature, to override it. If the laws passed are seen to have a reasonable relation to a proper legislative purpose, and are...
Page 260 - The power of Congress over interstate commerce is not confined to the regulation of commerce among the states. It extends to those activities intrastate which so affect interstate commerce or the exercise of the power of Congress over it as to make regulation of them appropriate means to the attainment of a legitimate end, the exercise of the granted power of Congress to regulate interstate commerce.
Page 434 - The essence of the statutory violation then consists not in the bare disposition of the commodity, but in a forbidden use of the trade-mark, brand or name in accomplishing such disposition. The primary aim of the law is to protect the property — namely, the good will — of the producer, which he still owns. The price restriction is adopted as an appropriate means to that perfectly legitimate end, and not as an end in itself.