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Antitrust and Trade Regulation

1940

Bristol-Myers Co. v. Litt Bros. Inc.

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Trade Restraints-Fair Trade Acts - Use Of Trading Stamps, William L. Howland Feb 1940

Trade Restraints-Fair Trade Acts - Use Of Trading Stamps, William L. Howland

Michigan Law Review

The plaintiff filed a bill in equity to restrain by injunction an alleged violation of the Pennsylvania Fair Trade Act. The violation charged was the issuance by the defendant retailer of yellow trading stamps, when requested, on all purchases of merchandise, including trade-marked articles manufactured by the plaintiff in relation to which, as the defendant well knew, the plaintiff had made contracts fixing the resale price. The chancellor dismissed the bill. Held, judgment affirmed. The issuance of the trading stamps was not a violation of the Fair Trade Act. Even assuming that it was a violation, the invasion was …