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TRADE COMM'N v. BUNTE BROS., INC.

No. 85.

312 U.S. 349 (1941)

FEDERAL TRADE COMMISSION v. BUNTE BROTHERS, INC.

Supreme Court of United States.

Decided February 17, 1941.

Attorney(s) appearing for the Case

Mr. Hugh B. Cox, with whom Solicitor General Biddle, Assistant Attorney General Arnold, and Messrs. Charles H. Weston and W.T. Kelley were on the brief, for petitioner.

Mr. Theodore E. Rein, with whom Mr. Samuel G. Clawson was on the brief, for respondent.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

The Federal Trade Commission found that Bunte Brothers, candy manufacturers in Illinois, sold products there in what the trade calls "break and take" packages, which makes the amount the purchaser receives dependent upon chance; and that thereby it was enabled in the Illinois market to compete unfairly with manufacturers outside of Illinois who could not indulge...

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