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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
Stat. 210; 15 U.S.C.A., sec. 7.)

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– –
claim of, unsupported by evidence..

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
to refrain....

364

Abridged books: disclosure required_____

748

Acquiring competitor: denial of FTC petition for injunction to halt..
Administrative:

119

hearing requirements of fair, include notice of claims of opposing
party and opportunity to meet them.............

powers-interpretation of, by agency concerned, entitled to great
weight----

practice will not be overturned

proceedings-evidence in, not restricted by jury trial rules............
remedies-must be exhausted before resort to courts__

Administrative Procedure Act: deals only with adjudicative and rule-
making proceedings...

Advertisements:

duties of FTC and court re meaning of_-----

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75

meaning of, and tendency to mislead as questions of fact for FTC...
to be judged by impression gleaned from quick glance...

702

790

Advertising, false:

held disseminated in commerce though only small percentage of news-
papers went into other States__.

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.
Advertising: "likely to induce . . . purchase"-as establishing FTC
jurisdiction.

566

Advertising specialties: affirmance of order prohibiting fixing of resale
prices by jobbers..

76

Affirmative disclosure:

FTC orders compelling, enforced by courts when necessary-
of negative-

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enjoined under FTC Act to extinguish monopolistic practices before
injury occurs..

191

not illegal per se-impact on affected industry to be considered..
should be struck down if reasonable tendency is to injure competition..
tendency to injure competition determinative of illegality....
where not illegal per se, pertinent circumstances to be considered....
Agreement to refuse to recognize cooperative marketing association as
illegal under FTC Act..

190

191

191

192

359

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not necessary for court to find direct evidence of conspiracy.......
provision to compel adherence to, not necessary to invalidate under
FTC Act..

84

87

All-writs statute: cannot be invoked by FTC in seeking injunctive relief
against corporate merger__

121

Aluminum storm windows, etc.:

affirmance false advertising..

453

bait advertising—dismissal_.

796

American Federation of Labor: contempt fines for false claim of affiliation
with, by publishers..

750

Amicus curiae: FTC brief filed as, in merger proceeding. -
Anti-merger section. See Clayton Act, Sec. 7.

797

Antitrust Act: proscriptions of, as justifying exercise of FTC powers---
Antitrust decree: foreign as well as domestic companies as properly subject
to-----

Antitrust investigations: Commission power to use Sec. 6(b) in............
Antitrust laws:

States without authority to authorize violations of, by individuals___
whether trade restraint violation of, depends on significance in partic-
ular market___.

424

91

758

515

518

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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
matter for FTC determination___

384

Bait advertising-aluminum storm windows, etc.-dismissal.

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Bill of particulars: denial of, not prejudicial where FTC relied on dis-
criminatory effect of rebate plan____

104

Books:

abridged and retitled-requirement of disclosure upheld...
affirmance-fictitious collection agency.

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-
sidered...

Page

190

Broadcasting time, payments for: as violation of Clayton Act, 2(d).......
Brokerage, illegal. See Clayton Act, Sec. 2(c).

582

Burden of proof: contention of shift to respondent held without merit____
Canned fruit products: dismissal-price discrimination, 2(a)....
Capacity to deceive: as FTC criterion for testing practices..
"Carter's Little Pills": affirmance-false advertising...

642

172

310

598

"Cashmora" sweaters: order requiring excision of brand name remanded..
"Caused" substituted for "involving" in desist order-bed-wetting cor-
rective device____

566

882

Cease and desist orders of FTC: See also Order to cease and desist of
FTC.

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
taxpayer's copy held subject to FTC subpoena.......

780

871

whether file copies be produced on subpoena-issue held not raised..
Chain products: affirmance-price fixing---

662

343

Chance, element of, in lottery sales scheme: not removed by notice to
purchasers or option to buy or use "tab device".

255

Charts: no error in admitting before examiner even though inadmissible
in judicial proceeding---

796

Cigarettes, "Old Gold": contempt proceedings-fine for violation of order.
Claiming indorsement misleadingly: "Trade Union Courier" biweekly—
contempt proceedings-fines___

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Class: named defendants as representatives of, in price-fixing proceeding-
Class suit:

proper where impracticable to join all members of association_

considerations for court in determining whether named defendant is
adequate representative in...

Clayton Act:

Act set out..

acquisition of stock or assets.

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allowable differentials.

authority to-

945

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adducing additional evidence permitted only where shown to be
material....

any reasonable procedure appropriate....

FTC investigation as constituting statutory requirements...
Sec. 2(b) defense re competition not applicable in 2(c) proceeding.
finding of probable adverse effect on competition sufficient..
negligible discriminations not within prohibitions of...------

not intended to reach every remote, adverse effect on competition___
organizing into group as evidence of "knowingly receiving" dis-

criminatory prices.

remand usual if FTC determination of violation disputed....
Section 2-see also Robinson-Patman Act.

"justification" proviso-sole purpose procedural-without in-
dependent substantive weight.__.

Sec. 2(a)-

670

668

670

672

115

117

111

795

670

598

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injury to primary-line competition as violation of....
irrelevant that violation may also be criminal under Sec. 3__
limited subpoena enforcement-canned fruits and vegetables.
order set aside-beer..

822

827

664

547

original intention to curb localized price cutting by powerful
corporations__.

822

"price discrimination" as merely a price difference.---
protects secondary-line as well as primary-line competition.
quantity limits-

826

823

FTC power to fix, dependent on finding required by
proviso___.

"statement of basis and purpose" as no substitute for
finding.

223

224

remand by Sup. Ct.-localized price cutting—beer.......
subpoena enforcement-tomato products___

817

673, 850

volume discounts precluded by, absent statutory exceptions.
Secs. 2 (a) and (b)—provisos implicit in desist orders__

792

200, 262

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