Moog Industries, Inc. v. Ftc, 355 U.S. 411 (1958)

Moog Industries, Inc. v. Federal Trade Commission

No. 77

Argued January 14, 1958
Decided January 27,1958 *
355 U.S. 411

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

The question whether a valid order of the Federal Trade Commission, directing one firm to cease and desist from engaging in illegal price discrimination in violation of § 2 of the Clayton Act, should go into effect before competing firms are similarly restrained is for determination by the Commission; it should be considered by a reviewing court only if raised before the Commission; and a determination of it by the Commission should not be overturned in the absence of a patent abuse of discretion. Pp. 411-414.

238 F.2d 43 affirmed. 241 F.2d 37, judgment vacated and cause remanded.