condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law. Sec. 7. SUITS-RECOVERY. (26 Stat. 210; 15 U.S.C.A., sec. 15 and note.) SEC. 7. Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any circuit court of the United Threefold damages States in the district in which the defendant resides or and costs. is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee. Sec. 8. "PERSON" OR "PERSONS" DEFINED. (26 as persons. SEC. 8. That the word "person", or "persons", wher- Corporations ever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. Approved, July 2, 1890. See footnote 2. INDEX Abandonment of unfair practices: Page as basis for setting aside order against tomato processors– – 364 402 desist orders sustained by courts notwithstanding... 296 FTC not obligated to assume non-resumption_.. 407 refusal to dismiss complaint on ground of, as not error__ 407 whether desist order justified by lack of affidavits indicating intention 364 Abridged books: disclosure required_____ 748 Acquiring competitor: denial of FTC petition for injunction to halt.. 119 hearing requirements of fair, include notice of claims of opposing powers-interpretation of, by agency concerned, entitled to great practice will not be overturned proceedings-evidence in, not restricted by jury trial rules............ Administrative Procedure Act: deals only with adjudicative and rule- Advertisements: duties of FTC and court re meaning of_----- 75 meaning of, and tendency to mislead as questions of fact for FTC... 702 790 Advertising, false: held disseminated in commerce though only small percentage of news- 438 lack of evidence of actual deception not conclusive__-- 402 likelihood of deception as test.__ 402 Advertising falsely. See Unfair and deceptive acts and practices. 566 Advertising specialties: affirmance of order prohibiting fixing of resale 76 Affirmative disclosure: FTC orders compelling, enforced by courts when necessary- enjoined under FTC Act to extinguish monopolistic practices before 191 not illegal per se-impact on affected industry to be considered.. 190 191 191 192 359 not necessary for court to find direct evidence of conspiracy....... 84 87 All-writs statute: cannot be invoked by FTC in seeking injunctive relief 121 Aluminum storm windows, etc.: affirmance false advertising.. 453 bait advertising—dismissal_. 796 American Federation of Labor: contempt fines for false claim of affiliation 750 Amicus curiae: FTC brief filed as, in merger proceeding. - 797 Antitrust Act: proscriptions of, as justifying exercise of FTC powers--- Antitrust investigations: Commission power to use Sec. 6(b) in............ States without authority to authorize violations of, by individuals___ 424 91 758 515 518 Approval by Government authorities: prohibition of false claim of, sus- tained by evidence.... 307-8 "Arthritis and Common Sense" book-dismissal. 844 Automotive products price discrimination, Clayton Act, 2(a)— affirmance..... 91, 107, 113, 144, 329, 332, 553, 791 dismissal.. 838 postponement of order pending proceedings against competitors held 384 Bait advertising-aluminum storm windows, etc.-dismissal. Bill of particulars: denial of, not prejudicial where FTC relied on dis- 104 Books: abridged and retitled-requirement of disclosure upheld... 748 334 "Arthritis and Common Sense"-dismissal. Bottle caps, closure milk: penalties for violation of orders.. 844 915 Boycott: where not illegal per se, impact on affected industry to be con- Page 190 Broadcasting time, payments for: as violation of Clayton Act, 2(d)....... 582 Burden of proof: contention of shift to respondent held without merit____ 642 172 310 598 "Cashmora" sweaters: order requiring excision of brand name remanded.. 566 882 Cease and desist orders of FTC: See also Order to cease and desist of Sec. 11, Clayton Act amendment, not applicable to prior_____ 830 Census Bureau reports: FTC entitled to, in antitrust investigation.... 759 FTC held without authority to compel production_. 780 held privileged-production denied in action for enforcement of FTC subpoena... 659 order requiring limited production of, on FTC subpoena.. 662 President's request for, not required before issuance of FTC subpoena 780 871 whether file copies be produced on subpoena-issue held not raised.. 662 343 Chance, element of, in lottery sales scheme: not removed by notice to 255 Charts: no error in admitting before examiner even though inadmissible 796 Cigarettes, "Old Gold": contempt proceedings-fine for violation of order. Class: named defendants as representatives of, in price-fixing proceeding- proper where impracticable to join all members of association_ considerations for court in determining whether named defendant is Clayton Act: Act set out.. acquisition of stock or assets. allowable differentials. authority to- 945 adducing additional evidence permitted only where shown to be any reasonable procedure appropriate.... FTC investigation as constituting statutory requirements... not intended to reach every remote, adverse effect on competition___ criminatory prices. remand usual if FTC determination of violation disputed.... "justification" proviso-sole purpose procedural-without in- Sec. 2(a)- 670 668 670 672 115 117 111 795 670 598 injury to primary-line competition as violation of.... 822 827 664 547 original intention to curb localized price cutting by powerful 822 "price discrimination" as merely a price difference.--- 826 823 FTC power to fix, dependent on finding required by "statement of basis and purpose" as no substitute for 223 224 remand by Sup. Ct.-localized price cutting—beer....... 817 673, 850 volume discounts precluded by, absent statutory exceptions. 792 200, 262 |