Amending Section 5 of the Federal Trade Commission Act, as Amended: Authorizing Resale Price Maintenance (fair Trade) : Report to Accompany H.R. 1253
U.S. Government Printing Office, 1959 - Price maintenance - 76 pages
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action advertised agencies agreements amendment American antitrust laws applied Ass'n Association authority bill brand committee commodity compete competition concerned Congress Consent decree constitutional consumer contracts Corp cost Court damages dealers delegation distribution distributors District of Columbia economic effect Electric enacted enforce established existence fact fair trade laws fair trade prices fair-trade Federal Trade Commission follows further given Government groups hearings held House increase interstate commerce legislation manufacturer McGuire Act means merchandise methods Miller-Tydings minimum resale prices Nolo contendere notice offered operation paragraph percent permit person practices present price fixing profit proposed proprietor protect provides reason Representatives resale price maintenance respect result retail selling small business sold stipulated or minimum Trade Commission Act trade name trademark unfair United unlawful violation Washington wholesale
Page 22 - 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 17 - Acts shall render unlawful any contracts or agreements prescribing minimum or stipulated prices, or requiring a vendee to enter into contracts or agreements prescribing minimum or stipulated 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...
Page 17 - ... 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 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 21 - In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows...
Page 10 - ... upon it. We say mistakenly assumes, because we think it clear that if the proposition were sustained it would destroy the power of Congress to regulate, as obviously that power, if it is to exist, must include the authority to deal with obstructions to interstate commerce (In re Debs, 158 US 564...
Page 22 - Government, and for other purposes,' " approved February twelfth, nineteen hundred and thirteen. SEC. 5. That unfair methods of competition in commerce are hereby declared unlawful. The commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, and common carriers subject to the Acts to regulate commerce, from using unfair methods of competition in commerce.
Page 53 - As to this, the complainant can fare no better with its plan of identical contracts than could the dealers themselves if they formed a combination and endeavored to establish the same restrictions, and thus to achieve the same result by agreement with each other.
Page 17 - Wilfully and knowingly advertising, offering for sale or selling any commodity at less than the price stipulated in any contract entered into pursuant to the provisions of section 1 of this act, whether the person so advertising, offering for sale or selling is or is not a party to such contract, is unfair competition and is actionable at the suit of any person damaged thereby, and may be enjoined by a court of competent jurisdiction.
Page 17 - ... (4) Neither the making of contracts or agreements as described in paragraph (2) of this subsection, nor the exercise or enforcement of any right or right of action as described in paragraph (3) of this subsection shall constitute an unlawful burden or restraint upon, or interference with, commerce.