New State Laws for Price Maintenance1935 - 16 pages |
Common terms and phrases
article or product Bauer Bobbs-Merrill California act California Fair Trade California law Capper-Kelly bill cent chain chain stores Colgate Commission's Congress consumer COURT DECISIONS Cream of Wheat create cut prices cut-price article dealers desired resale price dictate the resale distributors Drug eight state fair fair trade acts fair trade laws fair trade legislation federal legislation Federal Trade Commission Feld-Crawford fair trade Fitch plan fix the resale Harper's Weekly invoice cost labor legislature less lower prices maintenance contracts tend manufacturer's declared price merchandise merchant Miles Medical Company nationally advertised outlaw the loss price control PRICE MAINTENANCE BILLS price maintenance contracts price maintenance legislation price schedule price wars price-cutting price-fixing profit prohibition of loss prohibitions against loss provision refuse to sell resale price main resale price maintenance retail code Safeway sales below cost Section selling loss leaders sold Supreme Court term loss leader trade practices unlawful violation wholesale
Popular passages
Page 134 - When a trade-marked article is advertised to be sold at less than the standard price, it is generally done to attract persons to the particular store by the offer of an obviously extraordinary bargain. It is a bait — called by the dealers a
Page 137 - No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, the trademark, brand, or name of the producer or owner of such commodity and which is in fair and open competition with commodities of the same general class produced by others...
Page 137 - 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 141 - States, where the effect of such discrimination may be to substantially lessen competition or tend to create a monopoly in any line of commerce...
Page 137 - Louisiana by reason of any of the following provisions which may be contained in such contract: 1. That the buyer will not resell such commodity except at the price stipulated by the vendor. 2. That the vendee or producer require in delivery to whom he may resell such commodity to agree that he will not, in turn, resell except at the price stipulated by such vendor or by such vendee.
Page 137 - ... producer or owner of such commodity and which is in fair and open competition with commodities of the same general class produced by others shall be deemed in violation of any law of the State of California by reason of any of the following provisions which may be contained in such contract: 1.
Page 143 - ... /In the absence of any purpose to create or maintain a monopoly, the act does not restrict the long recognized right of trader or manufacturer engaged in an entirely private business, freely to exercise his own independent discretion as to parties with whom he will deal. And, of course, he may announce in advance the circumstances under which he will refuse to sell.
Page 134 - I cannot believe that in the long run the public will profit by this court permitting knaves to cut reasonable prices for some ulterior purpose of their own and thus to impair, if not to destroy, the production and sale of articles which it is assumed to be desirable that the public should be able to get.
Page 134 - If a dealer is selling unknown goods or goods under his own name, he alone should set. the price; but when a dealer has to use somebody else's name or brand in order to sell goods, then the owner of that name or brand has an interest which should be respected. The transaction is essentially one between the two principals — the maker and the user. All others are middlemen or agents; for the product is not really sold until it has been bought by the consumer. Why should one middleman have the power...
Page 136 - The Legislature declares that the purpose of this act is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented.