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action advertising advised agreement allowances amended appear applicable approval AUTHORITY buyer capacity charged commerce Commission commodity competing competition competitors concerning connection consuming contained contract cost course create customers dealing Deceptive directly disclosure discount discrimination distribution effect employees engaged equal Example facilities fact false Federal foreign furnished grade grant guarantee imported induce industry member industry products injuring involved issued label manufacture marking material means ment merchandise methods misleading Misrepresentation NOTE offering for sale operated opinion origin otherwise paragraph party payment percent person prevent price differential prod Prohibited promotional proposed provisions purchasers quantity question reason receive record represent representations request resale respect result retailers Rule seller selling sold specifications statement substantially substitution suppliers tend thereof tion transaction ucts unfair trade practice United unless
Página 386 - Subsection (b) of section 2 of the Clayton Act, as amended, reads as follows: Upon proof being made, at any hearing on a complaint under this section, that there has been discrimination in price or services or facilities furnished, the burden of rebutting the prima facie case thus made by showing Justification shall be upon the person charged with a violation of this section, and unless Justification shall be affirmatively shown, the Commission is authorized to Issue an order terminating the discrimination;...
Página 563 - It is an unfair trade practice for any member of the industry to use the practice of shipping goods on consignment or pretended consignment for the purpose and with the effect of artificially clogging trade outlets and unduly restricting competitors...
Página 512 - For example, If a seller regularly grants a discount based upon the purchase of a specified quantity by a single order for a single delivery, and this discount Is Justified by cost differences. It does not follow that the same discount can be cost justified If granted to a purchaser of the same quantity by multiple orders or for multiple deliveries.
Página 537 - States, or to fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the purchaser thereof shall not use or deal in new, used, or rebuilt products of a competitor or competitors of such industry member, where the effect of such sale or contract for sale, or such condition, agreement, or understanding, may be to substantially lessen competition or tend to create a monopoly in any line of commerce.
Página 411 - Inducing breach of contract. Maliciously inducing or attempting to induce the breach of existing contracts between competitors and their customers by any false or deceptive means whatsoever, or interfering with or obstructing the performance of any such contractual duties or services by any such means, with the purpose and effect of unduly hampering, injuring, or embarrassing competitors in their businesses, is a unfair trade practice.
Página 248 - Procurement of competitors' confidential information by unfair means and wrongful use thereof. It is an unfair trade practice for any member of the industry to obtain information concerning the business of a competitor by bribery of an employee or agent of such competitor, by false or misleading statements or representations, by the impersonation of one in authority, or by any other unfair means, and to use the information so obtained in such a manner as to injure such competitor in his business...
Página 308 - ... which Is In free and open competition with commodities of the same general class produced or distributed by others, a seller of such a commodity may enter Into a contract or agreement with a buyer thereof which establishes a minimum or stipulated price at which such commodity may be resold by such buyer when such contract or agreement is lawful as applied to Intrastate transactions under the laws of the State, Territory, or territorial jurisdiction in which the resale is to be made or to which...
Página 129 - ... of similar devices, the Commission advised that it could not place its stamp of approval upon advertising which holds this device out to the general public as suitable for use and capable of saving lives under all conditions specified without its having been recommended for use by a doctor familiar with the patient and without the individual for whom it has been prescribed, or his family , having been given instructions for its use. This is particularly true when it is considered that in some...
Página 376 - ... quality, quantity, size, weight, cut, color, character, substance, durability, serviceability, origin, price, terms of sale, value, preparation, production, manufacture, or distribution of such Industry Product or components thereof, or which has the capacity and tendency or effect of misleading or deceiving the purchasing or consuming public in any other material respect. (b) The inhibitions of this section are applicable to all forms of advertising, whether written or oral, in periodicals,...
Página 186 - ... producers in such manner and under such prices as it deems best. The association could designate authorized handlers to market the products of the members and the producers must market through these handlers. The producers themselves could execute a Handler's Contract and become authorized handlers. (e) The Handler's Contract between the association and all authorized handlers provided that the handler was to act as the hired sales agent for the association and was to be governed by the rules,...