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Ftc v. Universal-Rundle Corp., 387 U.S. 244 (1967)
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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. Universal-Rundle Corp., 387 U.S. 244 (1967)
Federal Trade Commission v. Universal-Rundle Corp. No. 101 Argued March 13, 1967 Decided May 29, 1967 387 U.S. 244
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
Syllabus
After hearings on a complaint charging respondent with violations of the price discrimination provisions of the Clayton Act, § 2(a) as amended, the Federal Trade Commission (FTC) found that the 10% truckload discounts offered by respondent on its line of plumbing fixtures had a proscribed anticompetitive effect, since some customers who were unable to purchase in truckload quantities were in competition with customers able to take advantage of the discount. Accordingly, the Commission issued a cease and desist order prohibiting respondent from discriminating in price between competing customers. Thereafter, respondent petitioned the Commission for a stay of the order pending investigation of alleged industry-wide discount practices, claiming that enforcement against it alone would cause it substantial financial injury. The FTC denied the petition. On petition for review, the Court of Appeals set aside the denial and remanded the cause for the industry investigation sought by respondent.
Held: Since the Commission’s refusal to withhold enforcement of the cease and desist order did not constitute a patent abuse of discretion, the Court of Appeals exceeded its authority by setting aside the Commission’s denial of the petition for a stay. Moog Industries v. Federal Trade Commission, 355 U.S. 411 (1958), followed. Pp. 249-252.
352 F. & 831, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Ftc v. Universal-Rundle Corp., 387 U.S. 244 (1967) in 387 U.S. 244 387 U.S. 245. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=9DJQR29QCQXLELB.
MLA: U.S. Supreme Court. "Syllabus." Ftc v. Universal-Rundle Corp., 387 U.S. 244 (1967), in 387 U.S. 244, page 387 U.S. 245. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9DJQR29QCQXLELB.
Harvard: U.S. Supreme Court, 'Syllabus' in Ftc v. Universal-Rundle Corp., 387 U.S. 244 (1967). cited in 1967, 387 U.S. 244, pp.387 U.S. 245. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=9DJQR29QCQXLELB.
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