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FEDERAL TRADE COMM'N v. SUN OIL CO.

No. 56.

371 U.S. 505 (1963)

FEDERAL TRADE COMMISSION v. SUN OIL CO.

Supreme Court of United States.

Decided January 14, 1963.

Attorney(s) appearing for the Case

Robert B. Hummel argued the cause for petitioner. With him on the briefs were Solicitor General Cox, Assistant Attorney General Loevinger, J. William Doolittle, Elliott H. Moyer and James McI. Henderson.

Leonard J. Emmerglick argued the cause for respondent. With him on the brief were Ellis Lyons, George Alexander, Henry A. Frye and Richard L. Freeman.

Briefs of amici curiae, urging affirmance, were filed by Milton Handler for Texaco Inc. and by Otis H. Ellis for National Oil Jobbers Council, Inc.

MR. JUSTICE GOLDBERG delivered the opinion of the Court.

This case grows out of a gasoline "price war" in Jacksonville, Florida. The question presented is whether a refiner-supplier of gasoline charged with the granting of a price discrimination in violation of § 2 (a) of the Clayton Act,1 as amended by the Robinson-Patman Act, has available to it, under § 2 (b) of the Act,

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