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Unfair Trade Practices- Robinson-Patman Act - "Per Se" Nature Of Section 2(E), Charles R. Sharp S.Ed. Dec 1959

Unfair Trade Practices- Robinson-Patman Act - "Per Se" Nature Of Section 2(E), Charles R. Sharp S.Ed.

Michigan Law Review

The Federal Trade Commission, finding that a manufacturer and seller of dress patterns discriminated between competing purchasers in violation of section 2 (e) of the Clayton Act, as amended by the Robinson-Patman Act, by paying transportation costs and donating storage cabinets and monthly catalogues to its large variety store customers while charging its smaller fabric store customers for the same services and facilities, issued a cease and desist order against these practices. The commission held that neither the absence of competitive injury nor the presence of cost justification are available as defenses to section 2 (e). On petition for review, …


Oppenheim: Federal Antitrust Laws, Cases And Comments (Second Edition), Carl H. Fulda Nov 1959

Oppenheim: Federal Antitrust Laws, Cases And Comments (Second Edition), Carl H. Fulda

Michigan Law Review

A Review of Federal Antitrust Laws, Cases and Comments (Second Edition). By S. Chesterfield Oppenheim, assisted by Richard W. Pogue.


Antitrust Laws - Concerted Refusals To Deal - Public Injury, Jerome S. Traum S.Ed. Jun 1959

Antitrust Laws - Concerted Refusals To Deal - Public Injury, Jerome S. Traum S.Ed.

Michigan Law Review

Petitioner, Klor's, Inc., a retail electrical appliance store, brought a treble damage action against Broadway-Hale, a department store chain, and against ten appliance manufacturers, alleging conspiracy to restrain and monopolize commerce in violation of sections 1 and 2 of the Sherman Act. The complaint charged essentially that Broadway-Hale, which operated a store next door to Klor's, had been able by virtue of its great buying power to induce a concerted refusal to deal on the part of major appliance manufacturers, so that they would sell to Klor's only on highly unfavorable terms if at all. Respondents submitted affidavits which showed …


Constitutional Law - Import-Export Clause - Power Of State To Tax Foreign Imports Supplying Current Operating Needs, Stevan Uzelac Jun 1959

Constitutional Law - Import-Export Clause - Power Of State To Tax Foreign Imports Supplying Current Operating Needs, Stevan Uzelac

Michigan Law Review

Appellant imported from five countries iron ore which was stored at its processing plant and drawn upon to fill the current operational needs of the plant. When the ore arrived it was originally stored in stock piles containing a three-month supply. As needed, ores were conveyed from the stock piles to "stock bins," holding one or two days' supply and located in close proximity to the plant, from which the ores were used in the operation of the plant. The State of Ohio collected a personal property tax upon all the imported ore. In a companion case petitioner imported from …


Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed. Apr 1959

Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed.

Michigan Law Review

United States v. Radio Corporation of America-Creation of independent regulatory agencies presented the courts with the problem of allocating jurisdiction whenever the determination of proper judicial action was found to require the resolution of issues which an administrative agency was competent to resolve. To meet this problem the doctrine of "primary jurisdiction" was developed whereby administrative issues are to be decided by the agency prior to the court's determination of issues not within the realm of the agency. Application of the doctrine is based on the need for efficient and uniform agency regulation and the desirability of utilizing agency …


Regulation Of Business - Antitrust Laws - Exemption Of Agricultural Cooperative, Dean L. Berry S.Ed. Apr 1959

Regulation Of Business - Antitrust Laws - Exemption Of Agricultural Cooperative, Dean L. Berry S.Ed.

Michigan Law Review

Defendant agricultural cooperative, organized under the authority of section 6 of the Clayton Act and section I of the Capper- Volstead Act, engaged in alleged predatory practices claimed by the government to constitute an attempt to monopolize and lessen competition within the ban of the Sherman and Clayton Acts. In a civil action by the government setting forth three separate claims for relief from such activities, held, the first cause of action, alleging monopoly, dismissed on the merits. In the absence of a combination or conspiracy with persons who are not within the purview of the Clayton and Capper-Volstead …


Unfair Trade - Practices - Robinson-Patman Act - Payments For Advertising Under Sections 2 (D) And 2 (E), Robert Segar Apr 1959

Unfair Trade - Practices - Robinson-Patman Act - Payments For Advertising Under Sections 2 (D) And 2 (E), Robert Segar

Michigan Law Review

Plaintiffs, wholesale and retail grocers, brought a class action for treble damages and injunctive relief under sections 2(d) and 2(e) of the Robinson-Patman Act. Defendant suppliers of defendant-A & P Co. had paid for advertising in Woman's Day, a magazine published by a wholly-owned subsidiary of A & P, without making a corresponding allowance available to plaintiffs who had no similar publication. The district court found no violation of section 2(e) since the suppliers were not contributing to the furnishing of a discriminatory service within the meaning of that section. Because the advertising was designed primarily to aid defendant-suppliers, …


Unfair Trade Practices - Robinson-Patman Act - Exclusion Of Seller's Broker From Coverage Under Section 2, James A. Park S.Ed. Apr 1959

Unfair Trade Practices - Robinson-Patman Act - Exclusion Of Seller's Broker From Coverage Under Section 2, James A. Park S.Ed.

Michigan Law Review

Petitioners, a brokerage partnership acting as a seller's agent, sold a commodity to a buyer at five cents below the seller's normal price. The seller agreed to this reduction only because the petitioners agreed to reduce their commission on the sale from 5% to 3%. Thus 2.75 cents of the reduction was absorbed by the brokers and 2.25 cents was absorbed by the seller. Respondent Federal Trade Commission ordered petitioners to cease and desist from selling at such a reduction on the ground that the reduction in the regular rate of commission constituted an indirect payment by the brokers of …


Brewster, Jr.: Antitrust And American Business Abroad, And Fugate: Foreign Commerce And The Antitrust Laws, Kenneth S. Carlston Jan 1959

Brewster, Jr.: Antitrust And American Business Abroad, And Fugate: Foreign Commerce And The Antitrust Laws, Kenneth S. Carlston

Michigan Law Review

A Review of Antitrust and American Business Abroad. By Kingman Brewster, Jr., and Foreign Commerce and the Antitrust Laws. By Wilbur L. Fugate.


Handler: Antitrust In Perspective: The Complementary Roles Of Rule And Discretion., James A. Rahl Jan 1959

Handler: Antitrust In Perspective: The Complementary Roles Of Rule And Discretion., James A. Rahl

Michigan Law Review

A Review of Antitrust in Perspective: The Complementary Roles of Rule and Discretion. By Milton Handler.