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AMERICAN MOTOR SPECIALTIES CO. v. F. T. C.

No. 158, Docket 25675.

278 F.2d 225 (1960)

AMERICAN MOTOR SPECIALTIES CO., Inc., et al., Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Second Circuit.

Decided May 5, 1960.

Attorney(s) appearing for the Case

B. F. Lerch, New York City, for petitioners.

Daniel J. McCauley, Jr., Gen. Counsel, Alan B. Hobbes, Asst. Gen. Counsel, Francis C. Mayer, Ernest D. Oakland, Attys., Federal Trade Commission, Washington, D. C., for respondent.

Before CLARK, HINCKS and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

Absent a cost justification for volume discounts, or a competitive situation not of the seller's own making, or other exceptions to the basic theory of the Section, a seller under Section 2(a) of the amended Clayton Act, 15 U.S.C.A. § 13(a) may not charge discriminating prices based upon the volume of the buyer's purchases. In a series of cases — Standard Motor Products v. F. T. C., 2 Cir., 1959, 265 F.2d 674

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