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Ftc v. Henry Broch & Co., 368 U.S. 360 (1962)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ftc v. Henry Broch & Co., 368 U.S. 360 (1962)
Federal Trade Commission v. Henry Broch & Co. No. 74 Argued November 16, 1961 Decided January 15, 1962 368 U.S. 360
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
After this Court had sustained, 363 U.S. 166, the finding of the Federal Trade Commission that respondent had violated § 2(c) of the Clayton Act by reducing its commissions on sales by only one seller to only one buyer, the Court of Appeals, on remand, modified sua sponte the Commission’s cease and desist order so as to eliminate all references to "any other seller principal" and to "any other buyer," thus limiting application of the order to future sales by the same seller to the same buyer.
Held: in the circumstances of this case, the order should have been affirmed in the form entered by the Commission. Pp. 361-368.
(a) The Commission has a wide discretion to formulate a remedy adequate to prevent respondent’s repetition of the violation it was found to have committed, and it cannot be said that, in paragraph (1) of its order, the Commission exceeded its discretion in banning such repetitions in connection with transactions involving an seller and buyer, rather than simply forbidding recurrence of the transgression in sales between the same seller and buyer. Pp. 363-364.
(b) In the circumstances of this case and on this record, the attempt of the Court of Appeals to redress the asserted overbroadness of paragraph (2) of the Commission’s order by the inapt device of confining that paragraph to sales between the same parties was inappropriate. Pp. 364-367.
285 F.2d 764, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Ftc v. Henry Broch & Co., 368 U.S. 360 (1962) in 368 U.S. 360 368 U.S. 361. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=45M6GNRV6MXEH6U.
MLA: U.S. Supreme Court. "Syllabus." Ftc v. Henry Broch & Co., 368 U.S. 360 (1962), in 368 U.S. 360, page 368 U.S. 361. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=45M6GNRV6MXEH6U.
Harvard: U.S. Supreme Court, 'Syllabus' in Ftc v. Henry Broch & Co., 368 U.S. 360 (1962). cited in 1962, 368 U.S. 360, pp.368 U.S. 361. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=45M6GNRV6MXEH6U.
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