Resale Price Maintenance: Letter from the Chairman of the Federal Trade Commission Transmitting a Report of the Federal Trade Commission on Resale Price Maintenance, General Economic and Legal Aspects ...

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U.S. Government Printing Office, 1929 - Price maintenance
 

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Page 109 - ... constitute a contract or contracts whereby resale prices are fixed, maintained, or enforced. The specific facts found show suppression of the freedom of competition by methods in which the company secures the cooperation of its distributors and customers, which are quite as effectual as agreements express or implied intended to accomplish the same purpose. By these methods the company although selling its products at prices satisfactory to it, is enabled to prevent competition in their subsequent...
Page 109 - The system here disclosed necessarily constitutes a scheme which restrains the natural flow of commerce and the freedom of competition in the channels of interstate trade which it has been the purpose of all the anti-trust acts to maintain.
Page 109 - From this course of conduct a court may infer — indeed, cannot escape the conclusion — that competition among retail distributors is practically suppressed, for all who would deal in the company's products are constrained to sell at the suggested prices. Jobbers and wholesale dealers who would supply the trade may not get the goods of the company, if they sell to those who do not observe the prices indicated or who are on the company's list of undesirables until they are restored to favor by...
Page 107 - Commission condemned the plan as an unfair method of competition within the meaning of section 5 of the Federal Trade Commission Act.
Page 100 - In our view the copyright statutes, while protecting the owner of the copyright in his right to multiply and sell his production, do not create the right to impose, by notice, such as is disclosed in this case, a limitation at which the book shall be sold at retail by future purchasers, with whom there is no privity of contract.
Page 109 - ... orders to dealers who sell at less than such prices, or who sell to others who sell at less than such prices; (4) by utilizing numbers and symbols marked upon cases containing their products with a view to ascertaining the names of dealers who sell the company's products at less than the suggested prices, or who sell to others who sell at less than such prices in order to prevent such dealers from obtaining the products of the company; or (5) by utilizing any other equivalent cooperative means...
Page 117 - '2. In this act, unless the context otherwise requires — " '(I) combines which have operated or are likely to operate to the detriment or against the interest of the public...
Page 106 - 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 132 - 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 99 - Courts would be perversely blind if they failed to look through such an attempt as this " license notice " thus plainly is to sell property for a full price, and yet to place restraints upon its further alienation, such as have been hateful to the law from Lord Coke's day to ours, because obnoxious to the public interest. The scheme of distribution is not a system designed to secure to the plaintiff and to the public a reasonable use of its machines, within the grant of the patent laws, but is in...

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