Clarification of the Evidentiary and Substantive Antitrust Rules Governing Resale Price Maintenance: Hearing Before the Subcommittee on Monopolies and Commercial Law of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, First Session, on H.R. 585, Freedom from Vertical Price Fixing Act of 1987, April 2, 1987, Svazek 4U.S. Government Printing Office, 1989 - Počet stran: 218 |
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action advertising anticompetitive bill brand BURLINGTON COAT FACTORY catalog Chairman RODINO Circuit Colgate committee CONGRESS LIBRARY CONGRESS THE LIBRARY conspiracy consumers Corp cost decision defendants dental equipment market dental industry dental supplies dentists directed verdict distribution distributor economic effect eliminate enforcement evidence federal antitrust laws Federal Trade Commission FISH fix prices FREE RIDER free rider problem FULL-PRICE RETAILER Fully Competitive Pricing Garment District HAIGNEY HOCHBERG illegal inference irreconcilable conflict LA-Z-BOY LIBRARY OF CONGRES LIBRARY OF CONGRESS litigation mail order manufacturer manufacturer's marketplace markup merchandise Midcal MILSTEIN Monsanto MOORHEAD Mountain Safety Research Oklahoma Act panoramic x-ray plaintiff preemption pressure price competition price complaints price-fixing agreement prohibited reason resale price fixing resale price maintenance result rule Schein Dental Equipment Schwegmann sell Sherman Act statute SUBCOMMITTEE summary judgment supplier Supreme Court Thank United vertical price fixing Vertical Restraints violation wholesalers
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Strana 215 - The Sherman Act was designed to be a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade. It rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic, political and social institutions.
Strana 191 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Strana 192 - where compliance with both federal and state regulations is a physical impossibility..., " Florida Lime & Avocado Growers, Inc. v. Paul, 373 US 132, 142-143 (1963), or where the state " law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
Strana 195 - The aim and result of every price-fixing agreement, if effective, is the elimination of one form of competition. The power to fix prices, whether reasonably exercised or not, involves power to control the market and to fix arbitrary and unreasonable prices.
Strana 208 - US 218, 230 (1947)), and conflict pre-emption, where "compliance with both federal and state regulations is a physical impossibility," Florida Lime & Avocado Growers, Inc. v. Paul, 373 US 132, 142-143 (1963), or where state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
Strana 195 - Agreements which create such potential power may well be held to be in themselves unreasonable or unlawful restraints, without the necessity of minute Inquiry whether a particular price is reasonable or unreasonable as fixed...
Strana 123 - The complainant having sold its product at prices satisfactory to itself, the public is entitled to whatever advantage may be derived from competition in the subsequent traffic.
Strana 197 - Therefore, when a State compels retailers to follow a parallel price policy, it demands private conduct which the Sherman Act forbids (see Parker v. Brown, 317 US 341, 350). Elimination of price competition at the retail level may, of course, lawfully result if a distributor successfully negotiates individual 'vertical' agreements with all hia retailers.
Strana 121 - In fact, the Antitrust Division of the Justice Department and the Federal Trade Commission have brought many cases against illegal practices in the dairy industry.
Strana 196 - It should be noted in this connection that the Miller-Tydings Act expressly continues the prohibitions of the Sherman Act against "horizontal" price fixing by those in competition with each other at the same functional level.