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CORNING GLASS WORKS v. F. T. C.

No. 73-1723.

509 F.2d 293 (1975)

CORNING GLASS WORKS, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 1975.

Attorney(s) appearing for the Case

Charles C. Parlin, Jr., New York City, for petitioner.

Norman Diamond, Washington, D. C., for amicus curiae.

Calvin J. Collier, Gen. Counsel, William A. E. Doying, Atty., F.T.C., Washington, D. C., for respondent.

Before CUMMINGS, STEVENS and SPRECHER, Circuit Judges.

STEVENS, Circuit Judge.

The Sherman Act condemns vertical, as well as horizontal, agreements in restraint of trade. However, by virtue of § 2 of the McGuire Act, two types of vertical agreements — those requiring a vendee to resell at prices fixed by his vendor, and those requiring the vendee to require his customers to resell only at fixed prices — are exempt from the anti-trust laws if such agreements are lawful under applicable state law.

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