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AMERICAN NEWS COMPANY v. F. T. C.

No. 89, Docket 26857.

300 F.2d 104 (1962)

AMERICAN NEWS COMPANY and The Union News Company, Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Second Circuit.

Decided February 7, 1962.

Attorney(s) appearing for the Case

Lester Lewis Jay and Eugene Frederick Roth, New York City, for petitioners.

Miles J. Brown, Atty., Federal Trade Commission, Washington, D. C. (James McI. Henderson, Gen. Counsel, and J. B. Truly, Asst. Gen. Counsel, Federal Trade Commission, Washington, D. C., on the brief), for respondent.

Before CLARK, WATERMAN, and MOORE, Circuit Judges.

CLARK, Circuit Judge.

This case, like Grand Union Co. v. F. T. C., 2 Cir., 300 F.2d 92, also decided today, presents the question whether a buyer who knowingly induces and receives from his supplier disproportionate promotional allowances which § 2(d) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. § 13(d), forbids the supplier to make, thereby engages in unfair methods of competition in violation of...

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