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Federal Trade Commission v. Cement Institute

Citations: 92 L. Ed. 2d 1010; 68 S. Ct. 793; 333 U.S. 683; 1948 U.S. LEXIS 2709; 92 L. Ed. 1010; 1948 Trade Cas. (CCH) 62,237Docket: NO. 23

Court: Supreme Court of the United States; April 26, 1948; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The judicial opinion addressed the dispute involving the Federal Trade Commission (FTC) and The Cement Institute, a trade association accused of engaging in unfair competition through a multiple basing point pricing system. The FTC alleged that this system led to uniform cement prices nationwide, stifling competition and resulting in systematic price discrimination among customers, in violation of the Clayton Act as amended by the Robinson-Patman Act. The respondents challenged the FTC's jurisdiction, arguing that the complaint fell under the Sherman Act, which the FTC countered by asserting its authority to address unfair methods of competition that also violate antitrust laws. The Circuit Court of Appeals had vacated the FTC's order, but the Supreme Court reversed this decision, affirming the FTC's jurisdiction and the validity of its findings. The Court emphasized that concurrent proceedings under both the Sherman Act and the FTC Act are permissible, and the FTC's order prohibiting anti-competitive practices was reinstated. The decision underscored the FTC's role in regulating practices that threaten market competition, supporting its broad mandate to enforce antitrust laws and protect consumers from monopolistic behaviors.

Legal Issues Addressed

Admissibility of Historical Evidence

Application: The Court found that historical evidence, including pre-1929 activities and NRA period evidence, was admissible to demonstrate a continuing combination among respondents in employing a basing point pricing system.

Reasoning: The Commission's findings concerning post-1929 combinations were not based on the illegality of the pre-1929 or NRA activities. The court acknowledged that prior or subsequent transactions can be introduced to illustrate the purpose and character of the current transactions.

Concurrent Proceedings under Sherman and FTC Acts

Application: The Court ruled that simultaneous proceedings under the Sherman Act and the FTC Act are permissible, as both acts provide cumulative remedies for anti-competitive behavior.

Reasoning: The Sherman Act allows the Attorney General to pursue simultaneous civil and criminal actions against a defendant for the same misconduct, and both the Sherman Act and the Trade Commission Act provide the government with cumulative remedies for anti-competitive behavior.

FTC's Role in Antitrust Enforcement

Application: The Court recognized the FTC's authority to regulate competitive practices that may evolve into Sherman Act violations, emphasizing its expertise in addressing anti-competitive practices.

Reasoning: The primary issue revolves around whether the Commission established findings of concerted action supported by evidence and whether these findings legally justify the conclusion that the multiple basing point pricing system is an unfair competitive method.

Jurisdiction of Federal Trade Commission

Application: The Court upheld the FTC's jurisdiction over actions that may also violate the Sherman Act, affirming its authority to address anti-competitive practices that hinder competition.

Reasoning: The Court has consistently affirmed that the FTC's jurisdiction includes addressing conduct that conflicts with the Sherman Act, establishing a precedent for interpreting 'unfair methods of competition' to encompass such violations.

Price Discrimination under Clayton Act

Application: The Commission determined that the respondents' pricing system led to price discrimination among different purchasers, violating Section 2 of the Clayton Act as amended by the Robinson-Patman Act.

Reasoning: The Commission determined that the respondents' coordinated use of the multiple basing point delivered price system resulted in systematic price discrimination, violating Section 2 of the Clayton Act, as amended by the Robinson-Patman Act.

Unfair Competition under Federal Trade Commission Act

Application: The Federal Trade Commission found that the respondents' use of a multiple basing point pricing system constituted unfair methods of competition by maintaining uniform prices and obstructing competition.

Reasoning: Ultimately, the Commission concluded that the collective actions of the respondents were designed to uphold the multiple basing point pricing system, thereby obstructing competition. This constituted unfair methods of competition under the Federal Trade Commission Act.