F. T. C. v. STANDARD OIL CO.

No. 24.

355 U.S. 396 (1958)

FEDERAL TRADE COMMISSION v. STANDARD OIL CO.

Supreme Court of United States.

Decided January 27, 1958.


Attorney(s) appearing for the Case

Earl E. Pollock argued the cause for petitioner, pro hac vice, by special leave of Court. With him on the brief were Solicitor General Rankin, Assistant Attorney General Hansen, Earl W. Kintner and James E. Corkey.

Hammond E. Chaffetz argued the cause for respondent. With him on the brief were Weymouth Kirkland, Howard Ellis, W. H. Van Oosterhout, Frederick M. Rowe and Thomas E. Sunderland.

Cyrus Austin filed a brief for the National Congress of Petroleum Retailers, Inc., et al., as amici curiae, urging reversal.

William Simon, Robert L. Wald and John Bodner, Jr. for the Empire State Petroleum Association et al. and Otis H. Ellis for the National Oil Jobbers Association, Inc., et al. filed a brief, as amici curiae, urging affirmance.


MR. JUSTICE CLARK delivered the opinion of the Court.

This case is a sequel to Standard Oil Co. v. Federal Trade Comm'n, 340 U.S. 231 (1951), wherein the Court held that § 2 (b) of the Clayton Act, 38 Stat. 730, as amended by the Robinson-Patman Act, 49 Stat. 1526, 15 U. S. C. § 13 (b), afforded a seller a complete defense to a charge of price discrimination if its lower price was "made in good faith to meet...

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