Exclusive Territorial and Customer Restrictions: Hearings Before the Subcommittee on Monopolies and Commercial Law of the Committee on the Judiciary, House of Representatives, Ninety-fourth Congress, Second Session, on H.R. 6684 ... June 24 and July 1, 1976U.S. Government Printing Office, 1976 - 461 pages |
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Common terms and phrases
advertising agreements antitrust laws bill Board of Directors bottling companies Canada Dry Chairman RODINO Coca-Cola Bottling Coca-Cola Bottling Co Coca-Cola Company Cola COMANOR Committee compete CONGRESS THE LIBRARY consumer cooperative Corporation cost customers dealers decision distributors economic effect exclusive territorial arrangements Federal Trade Commission firms food distribution food retailing franchise grocery HECKENKAMP IGA retailers IGA stores IGA wholesaler illegal interbrand intrabrand competition larger chains legislation LIBRARY OF CONGRESS licensing lower prices market area MAZZOLI McCLORY merchandise monopoly national brands national chains operations PepsiCo percent Pie Filling plants price competition private brand private label food private label products private label program product differentiation profits promote purchase resale price maintenance restraints returnable bottles rule of reason Salad Schwinn sell serve Sherman Act small bottlers soft drink industry statement Subcommittee sumer supermarket Supreme Court territorial restrictions tion Topco Associates Topco members trademark vertical restrictions violation
Popular passages
Page 160 - 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.
Page 237 - The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors unless the act of a greater number is required by law or by these By-Laws.
Page 254 - ... no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner...
Page 252 - VIII of these by-laws; and in general perform all the duties incident to the office of treasurer and such other duties as from time to time may be assigned to him by the president or by the board of directors.
Page 163 - The power to fix prices, whether reasonably exercised or not, involves power to control the market and to fix arbitrary and unreasonable prices. The reasonable price fixed today may through economic and business changes become the unreasonable price of tomorrow.
Page 241 - ... that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his...
Page 253 - ... in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to him by the Chairman of the Board of Directors or by the Board of Directors.
Page 131 - Every agreement concerning trade, every regulation of trade, restrains. To bind, to restrain, is of their very essence. 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.
Page 416 - The Sherman Act was designed to be a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade. It rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic political and social institutions.
Page 251 - Any two or more offices may be held by the same person, except the offices of president and secretary.