Fair Trade: Hearings Before a Special Subcommittee of the Committee on Commerce, United States Senate, Eighty-seventh Congress, First Session, on S. 1722, a Bill to Amend the Federal Trade Commission Act, as Amended, So as to Protect and Equalize Rights in the Distribution of Merchandise Identified by a Trademark, Brand, Or Trade Name. July 25, 27, August 28, 1961

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Considers S. 1722, to amend the Federal Trade Commission Act to allow producers of products with trademarks or brand names greater pricing and distribution control.
 

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Page 2 - 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 2 - ... 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 149 - 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 2 - 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 127 - The subsection would apply only if: (1) the product is in "free and open competition" with products of the same general class manufactured, distributed, and sold by others; (2) the licensee is in "free and open competition...
Page 2 - Unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful. "(2) Nothing contained in this Act or in any of the Antitrust 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...
Page 156 - S. 1083 by striking out the semicolon after the word "court" in line 24 on page 8 and adding the following : ", or by any person in mitigation of damages or enforcement of a lien or other secured interest therein, or when the advertising, offering for sale, or sale is made by any person not primarily engaged in the distribution of merchandise by resale.
Page 2 - ... (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 or restraint upon, or interference with, commerce.
Page 4 - ... (C) When the goods are altered, second-hand, damaged or deteriorated and plain notice of the fact is given to the public in the advertisement and sale thereof, such notice to be conspicuously displayed in all advertisements and to be affixed to the commodity; (D) By any officer acting under an order of court.
Page 4 - ... between manufacturers, or between producers, or between wholesalers, or between brokers, or between factors, or between retailers, or between persons, firms, or corporations in competition with each other.

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