Standards and Certification: Final Staff Report

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Federal Trade Commission, Bureau of Consumer Protection, 1983 - 378 էջ
 

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Common terms and phrases

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Էջ 181 - The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition.
Էջ 184 - Black explained the appropriateness of, and the need for, per se rules: "[T]here are certain agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use.
Էջ 221 - The Commission is the expert body to determine what remedy is necessary to eliminate the unfair or deceptive trade practices which may have been disclosed. It has wide latitude for judgment and the courts will not interfere except where the remedy selected has no reasonable relation to the unlawful practices found to exist.
Էջ 226 - It is not enough that, as the County Bar puts it, anticompetitive conduct is "prompted" by state action ; rather, anticompetitive activities must be compelled by direction of the State acting as a sovereign.
Էջ 221 - But, assuming this to be true, "[i]f it is interstate commerce that feels the pinch, it does not matter how local the operation which applies the squeeze.
Էջ 221 - Unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful. (6) The Commission is empowered and directed to prevent persons, partnerships, or corporations . . . from using unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce.
Էջ 221 - If the Commission is to attain the objectives Congress envisioned, it cannot be required to confine its road block to the narrow lane the transgressor has traveled; it must be allowed effectively to close all roads to the prohibited goal, so that its order may not be by-passed with impunity.
Էջ 224 - First, the challenged restraint must be "one clearly articulated and affirmatively expressed as state policy"; second, the policy must be "actively supervised
Էջ 179 - ... the Commission has power under § 5 to arrest trade restraints in their incipiency without proof that they amount to an outright violation of § 3 of the Clayton Act or other provisions of the antitrust laws.
Էջ 71 - Before the Subcomm. on Antitrust and Monopoly of the Senate Comm. on the Judiciary, 90th Cong. 2d Sess. 714-18 (1968). 37. See pp. 7-9 supra. 38. The term "economic loss...

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