|
|
Ftc v. Motion Picture Advertising Svc. Co., Inc., 344 U.S. 392 (1953)
Contents:
Show Summary
Hide Summary
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. Motion Picture Advertising Svc. Co., Inc., 344 U.S. 392 (1953)
Federal Trade Commission v. Motion Picture Advertising Service Co., Inc. No. 75 Argued December 8, 1952 Decided February 2, 1953 344 U.S. 392
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. Respondent produces advertising motion pictures and distributes them in interstate commerce. It had exclusive contracts with 40% of the theaters which exhibit such films in the area where it operates. It and three other companies had exclusive contracts with 75% of such theaters in the United States. The Federal Trade Commission found, upon substantial evidence, that respondent’s exclusive contracts unreasonably restrain competition and tend to monopoly, and that their use was an "unfair method of competition" in violation of § 5 of the Federal Trade Commission Act. It issued an order prohibiting respondent from entering into any such exclusive contract for more than a year or from continuing in effect any exclusive provision of an existing contract longer than a year after service of the order.
Held: the order is sustained. Pp. 393-397.
(a) The Commission did not exceed the limits of its allowable judgment in restricting the exclusive contracts to one-year terms. Pp. 395-396.
2. A plea of res judicata to the present proceeding of the Commission, based on a former proceeding which was directed at a conspiracy between respondent and other distributors involving the use of exclusive agreements, cannot be sustained, since the present proceeding charges no conspiracy and the issues litigated and determined are not the same as those in the earlier one. Pp. 397-398.
194 F.2d 633, reversed.
In a proceeding upon a complaint charging "unfair methods of competition" in violation of § 5 of the Federal Trade Commission Act, the Commission entered a cease and desist order against respondent. 47 F.T.C. 378. The Court of Appeals reversed. 194 F.2d 633. This Court granted certiorari. 344 U.S. 811. Reversed, p. 398.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Ftc v. Motion Picture Advertising Svc. Co., Inc., 344 U.S. 392 (1953) in 344 U.S. 392 344 U.S. 393. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RYKARUHTWQIMVUP.
MLA: U.S. Supreme Court. "Syllabus." Ftc v. Motion Picture Advertising Svc. Co., Inc., 344 U.S. 392 (1953), in 344 U.S. 392, page 344 U.S. 393. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RYKARUHTWQIMVUP.
Harvard: U.S. Supreme Court, 'Syllabus' in Ftc v. Motion Picture Advertising Svc. Co., Inc., 344 U.S. 392 (1953). cited in 1953, 344 U.S. 392, pp.344 U.S. 393. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RYKARUHTWQIMVUP.
|