Fashion Originators' Guild of Am., Inc. v. Fed. Trade Comm'n, 312 U.S. 457 (1941). · Go Syfert
Fashion Originators' Guild of Am., Inc. v. Fed. Trade Comm'n, 312 U.S. 457 (1941). Cases Citing This Book View Copy Cite
2,044 citation events (159 in the last 25 years) across 91 distinct courts.
Strongest positive: 1998-1 Trade Cases P 72,122, 98 Cal. Daily Op. Serv. 2752, 98 Daily Journal D.A.R. 3799 Adaptive Power Solutions, Llc, a California Limited Liability Corporation, Plaintiff-Counter-Defendant-Appellant v. Hughes Missile Systems Company, a Delaware Corporation Raytheon Company, a Delaware Corporation, Defendant-Counter-Claimant-Appellee (ca9, 1998-04-15) · Strongest negative: Klor's, Inc. v. Broadway-Hale Stores, Inc. (scotus, 1959-04-06)
Treatment trajectory · 1941 → 2026 · click a year to view as-of
1941 1983 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Klor's, Inc. v. Broadway-Hale Stores, Inc. (2×) also: Cited "see, e.g."
SCOTUS · 1959 · signal: but cf. · confidence high
But cf. Fashion Originators’ Guild v. Federal Trade Comm’n, 312 U. S. 457 , 466-467.
examined Cited "but see" Klor's, Inc. v. Broadway-Hale Stores, Inc., Admiral Corporation, Admiral Distributors, Inc. (6×) also: Cited "see, e.g."
SCOTUS · 1959 · signal: but cf. · confidence high
But cf. Fashion Originators' Guild of America v. Federal Trade Commission, 312 U.S. 457 , 466—467, 61 S.Ct. 703 , 707—708, 85 L.Ed. 949 . 5 See, e.g., Eastern State Retail Lumber Dealers' Ass'n v. United States, 234 U.S. 600 , 34 S.Ct. 951 , 58 L.Ed. 1490 ; Binderup v. Pathe Exchange, Inc., 263 U.S. 291 , 44 S.Ct. 96 , 68 L.Ed. 308 ; Fashion Originators' Guild v. Federal Trade Commission, 312 U.S. 457 , 61 S.Ct. 703 , 85 L.Ed. 949 ; Kiefer-Stewart Co. v. Joseph E.
discussed Cited as authority (verbatim quote) 1998-1 Trade Cases P 72,122, 98 Cal. Daily Op. Serv. 2752, 98 Daily Journal D.A.R. 3799 Adaptive Power Solutions, Llc, a California Limited Liability Corporation, Plaintiff-Counter-Defendant-Appellant v. Hughes Missile Systems Company, a Delaware Corporation Raytheon Company, a Delaware Corporation, Defendant-Counter-Claimant-Appellee
9th Cir. · 1998 · quote attribution · 1 verbatim quote · confidence high
the aim of petitioners' combination was the intentional destruction of one type of manufacture and sale which competed with guild members
discussed Cited as authority (verbatim quote) Adaptive Power Solutions, LLC v. Hughes Missile Systems Co.
9th Cir. · 1998 · quote attribution · 1 verbatim quote · confidence high
the aim of petitioners' combination was the intentional destruction of one type of manufacture and sale which competed with guild members
discussed Cited as authority (quoted) Hemlock Hats Company, Inc. v. Diesel Power Gear LLC
S.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence low
to embody a design in a dress or a fabric, and offer the dress 27 for general sale was 'publication
examined Cited as authority (quoted) Monsanto Company v. Scruggs (3×)
Fed. Cir. · 2006 · quote attribution · 3 verbatim quotes · confidence low
ven if copying were an acknowledged tort under the law of every state, that situation would not justify petitioners in combining together to regulate and restrain interstate commerce in violation of federal law.
examined Cited as authority (quoted) Lippa's, Inc. v. Lenox, Incorporated (3×)
D. Vt. · 1969 · signal: see · quote attribution · 3 verbatim quotes · confidence high
though attempts to bring about complete monopolization of an industry might be stopped in their incipiency.
examined Cited as authority (quoted) Sperry & Hutchinson Co. v. Federal Trade Commission (3×)
S.D.N.Y. · 1966 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the court shall have no jurisdiction over the proceedings until the commission has concluded the case.
discussed Cited as authority (rule) O.E.M. Glass Network, Inc. v. Mygrant Glass Company, Inc.
E.D.N.Y · 2020 · confidence medium
Section 1 of the Sherman Act “Section 1 of [the Sherman Act] makes illegal every contract, combination[,] or conspiracy in restraint of trade or commerce among the several states.” Fashion Originators’ 12 Guild of America, Inc. v. FTC, 312 U.S. 457, 465 (1941); see also 15 U.S.C. § 1 .
discussed Cited as authority (rule) Kessel v. Monongalia County General Hospital Co. (2×)
W. Va. · 2007 · confidence medium
Fashion Originators' Guild, 312 U.S. at 465 , 61 S.Ct. at 707 (internal citations omitted).
discussed Cited as authority (rule) Hartford Fire Insurance v. California
SCOTUS · 1993 · confidence medium
See United States v. Frankfort Distilleries, Inc., 324 U. S. 293, 295-296, 298 (1945) (refusal to engage in all transactions with targeted companies unless they agreed to defendants’ price-fixing scheme); United States v. South-Eastern Underwriters Assn., 322 U. S. 633 , 536, 636, 662 (1944) (discussed infra, at 808-809); United States v. Bausch & Lomb Optical Co., 321 U. S. 707, 722 (1944) (word used in reference to a refusal to deal as means of enforcing resale price maintenance); Fashion Originators’ Guild of America, Inc. v. FTC, 312 U. S. 457, 461, 465, 467 (1941) (boycott of retailer…
discussed Cited as authority (rule) Hartford Fire Insurance v. California
SCOTUS · 1993 · confidence medium
See United States v. Frankfort Distilleries, Inc., 324 U. S. 293, 295-296, 298 (1945) (refusal to engage in all transactions with targeted companies unless they agreed to defendants’ price-fixing scheme); United States v. South-Eastern Underwriters Assn., 322 U. S. 633 , 536, 636, 662 (1944) (discussed infra, at 808-809); United States v. Bausch & Lomb Optical Co., 321 U. S. 707, 722 (1944) (word used in reference to a refusal to deal as means of enforcing resale price maintenance); Fashion Originators’ Guild of America, Inc. v. FTC, 312 U. S. 457, 461, 465, 467 (1941) (boycott of retailer…
discussed Cited as authority (rule) Hartford Fire Ins. Co. v. California
SCOTUS · 1993 · confidence medium
"Boycott" is a multifaceted "phenomenon" that includes conditional boycotts, punitive boycotts, coercive boycotts, partial boycotts, labor boycotts, political boycotts, social boycotts, etc. It merely does not include refusals to deal because of objections to proposed terms. [4] See United States v. Frankfort Distilleries, Inc., 324 U. S. 293 , 295โ€” 296, 298 (1945) (refusal to engage in all transactions with targeted companies unless they agreed to defendants' price-fixing scheme); United States v. South-Eastern Underwriters Assn., 322 U. S. 533, 535, 536, 562 (1944) (discussed infra, at…
discussed Cited as authority (rule) Federal Trade Commission v. Superior Court Trial Lawyers Ass'n (2×)
SCOTUS · 1990 · confidence medium
Co. v. United States, 356 U. S. 1, 5 (1958); Associated Press v. United States, 326 U. S. 1, 12 (1945); Fashion Originators' Guild of America, Inc. v. FTC, 312 U. S. 457, 465-468 (1941), we have recognized that boycotts " `are not a unitary phenomenon.' " St.
discussed Cited as authority (rule) Redwood Theatres, Inc. v. Festival Enterprises, Inc.
Cal. Ct. App. · 1988 · confidence medium
(See Paramount Famous Corp. v. U.S. (1930) 282 U.S. 30, 43 [ 75 L.Ed. 145, 150-151 , 51 S.Ct. 42 ]; Fashion Guild v. Trade Comm’n, supra, 312 U.S. 457, 465 [ 85 L.Ed. 949, 953 ]; United States v. General Motors, supra, 384 U.S. 127, 140 [ 16 L.Ed.2d 415, 423-424 ].) In Associated Press v. United States (1945) 326 U.S. 1 [ 89 L.Ed. 2013 , 65 S.Ct. 1416 ], the Supreme Court considered a bylaw of a cooperative news gathering association that prohibited “all AP members from selling news to non-members, and which granted each member powers to block its non-member competitors from membership.”…
discussed Cited as authority (rule) Collins v. Associated Pathologists, Ltd.
C.D. Ill. · 1987 · confidence medium
Exclusion of traders from the market by means of combination or conspiracy is so inconsistent with the free-market principles embodied in the Sherman Act that it is not to be saved by reference to the need for preserving the collaborators’ profit margins or their system for distributing automobiles, any more than by reference to the allegedly tortious conduct against which a combination or conspiracy may be directed — as in Fashion Originators’ Guild of America, Inc. v. Federal Trade Commission, 312 U.S. 457, 468 [ 61 S.Ct. 703, 708 , 85 L.Ed. 949 ] (1941).” Id. at 146-47, 86 S.Ct. at …
discussed Cited as authority (rule) National Collegiate Athletic Ass'n v. Board of Regents of the University of Oklahoma (2×) also: Cited "see"
SCOTUS · 1984 · confidence medium
See Silver v. New York Stock Exchange, 373 U. S. 341, 347-349 , and n. 5 (1963); Associated Press v. United States, 326 U. S., at 17-18. [32] See Fashion Originators' Guild of America, Inc. v. FTC, 312 U. S. 457, 465 (1941); Standard Sanitary Manufacturing Co. v. United States, 226 U. S., at 47-49 ; Montague & Co. v. Lowry, 193 U. S. 38 (1904). [33] "In this case the rule is violated by a price restraint that tends to provide the same economic rewards to all practitioners regardless of their skill, their experience, their training, or their willingness to employ innovative and difficult proced…
discussed Cited as authority (rule) Hoover v. Ronwin (2×)
SCOTUS · 1984 · confidence medium
See, e. g., Arizona v. Maricopa County Medical Society, 457 U. S. 332 (1982); American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp., 456 U. S. 556 (1982); National Society of Professional Engineers v. United States, 435 U. S. 679 (1978); Silver v. New York Stock Exchange, 373 U. S. 341 (1963); American Medical Assn. v. United States, 317 U. S. 519 (1943); Fashion Originators’ Guild of America, Inc. v. FTC, 312 U. S. 457, 465-466 (1941).
examined Cited as authority (rule) Construction Aggregate Transport, Inc. v. Florida Rock Industries, Inc. (6×) also: Cited "see"
11th Cir. · 1983 · confidence medium
Compare Radiant Burners v. Peoples Gas Light & Coke Co., 364 U.S. at 659-60 , 81 S.Ct. at 367 (refusal by association comprised of gas companies and gas burner manufacturers to sell gas to purchasers of plaintiff manufacturer’s gas burner was illegal per se as a group boycott); Klor’s, Inc. v. Broadway-Hale Stores, 359 U.S. at 212-13, 79 S.Ct. at 709-10 (agreement by manufacturers to sell only to defendant department store and not plaintiff’s department store constituted group boycott); Fashion Originators Guild v. FTC, 312 U.S. at 465-66 , 61 S.Ct. at 706 (refusal by manufacturers of te…
examined Cited as authority (rule) Construction Aggregate Transport, Inc. v. Florida Rock Industries, Inc. (6×) also: Cited "see"
11th Cir. · 1983 · confidence medium
Compare Radiant Burners v. Peoples Gas Light & Coke Co., 364 U.S. at 659-60 , 81 S.Ct. at 367 (refusal by association comprised of gas companies and gas burner manufacturers to sell gas to purchasers of plaintiff manufacturer's gas burner was illegal per se as a group boycott); Klor's, Inc. v. Broadway-Hale Stores, 359 U.S. at 212-13, 79 S.Ct. at 709-10 (agreement by manufacturers to sell only to defendant department store and not plaintiff's department store constituted group boycott); Fashion Originators Guild v. FTC, 312 U.S. at 465-66 , 61 S.Ct. at 706 (refusal by manufacturers of textiles…
discussed Cited as authority (rule) American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp. (2×)
SCOTUS · 1982 · confidence medium
ASME can be said to be “in reality an extra-governmental agency, which prescribes rules , for the regulation and restraint of interstate commerce.” Fashion Originators’ Guild of America, Inc. v. FTC, 312 U. S. 457, 465 (1941).
examined Cited as authority (rule) Larry V. Muko, Inc. v. Southwestern Pennsylvania Building And Construction Trades Council (5×) also: Cited "see"
3rd Cir. · 1982 · confidence medium
They have not been saved by allegations that they were reasonable in the specific circumstances, nor by a failure to show that they "fixed or regulated prices, parcelled out or limited production, or brought about a deterioration in quality." Fashion Originators' Guild v. Federal Trade Comm'n, 312 U.S. 457, 466, 467-468 ( 61 S.Ct. 703, 707, 708 , 85 L.Ed. 949 ).
examined Cited as authority (rule) Larry V. Muko, Inc. v. Southwestern Pennsylvania Building & Construction Trades Council (4×) also: Cited "see"
3rd Cir. · 1982 · confidence medium
They have not been saved by allegations that they were reasonable in the specific circumstances, nor by a failure to show that they “fixed or regulated prices, parcelled out or limited production, or brought about a deterioration in quality.” Fashion Originators’ Guild v. Federal Trade Comm’n, 312 U.S. 457 , 466, 467-468 [ 61 S.Ct. 703, 707, 708 , 85 L.Ed. 949 ].
discussed Cited as authority (rule) State of Missouri v. National Organization for Women, Inc. (2×)
8th Cir. · 1980 · confidence medium
Id. at 467-68 , 61 S.Ct. at 708 (emphasis added).
cited Cited as authority (rule) West Texas Utilities Co. v. Texas Electric Service Co.
N.D. Tex. · 1979 · confidence medium
Klor’s v. Broadway-Hale Stores, 359 U.S. 207 , 212, 79 S.Ct. 705 , 3 L.Ed.2d 741 (1959) (quoting from, Fashion Originators, 312 U.S. at 466-468, 61 S.Ct. 703 ).
discussed Cited as authority (rule) North American Soccer League v. National Football League
S.D.N.Y. · 1979 · confidence medium
C, 312 U.S. 457 , 61 S.Ct. 703 , 85 L.Ed. 949 *673 (1940); Drayer v. Krasner, 572 F.2d 348 (2d Cir. 1978), or at best, a restraint of trade which must fall as unreasonable when tested under the rule of reason.
discussed Cited as authority (rule) St. Paul Fire & Marine Insurance v. Barry (2×)
SCOTUS · 1978 · confidence medium
As the Court put it in Kiefer-Stewart Co. v. Seagram & Sons, 340 U. S. 211, 214 (1951), “the Sherman Act makes it an offense for '[businessmen] to agree among themselves to stop selling to particular customers.” 15 Whatever other characterizations are possible, 16 petitioners’ conduct fairly may be viewed as “an organized boycott,” Fashion Guild v. FTC, 312 U. S. 457, 465 (1941), of St.
discussed Cited as authority (rule) United States v. National Association of Securities Dealers, Inc. (2×)
SCOTUS · 1975 · confidence medium
See, e. g., Klor's, Inc. v. Broadway-Hale Stores, Inc., 359 U. S. 207 , 211-213 (1959); Fashion Originators' Guild of America, Inc. v. FTC, 312 U. S. 457, 465-468 (1941).
discussed Cited as authority (rule) De Filippo v. Ford Motor Co.
3rd Cir. · 1975 · confidence medium
In addition, the Court noted the “many respects” in which the activities of the Guild ran afoul of the policies of the antitrust laws, including their “tendency to monopoly.” Ibid, at 465, 467, 61 S.Ct. 703 .
discussed Cited as authority (rule) Armen De Filippo and Sheldon Fleishman T/a a & S, a Partnership v. Ford Motor Company, a Delaware Corporation, in No. 74-1877. Armen De Filippo and Sheldon Fleishman T/a a & S, a Partnership, Inno. 73-1878 v. Ford Motor Company, a Delaware Corporation
3rd Cir. · 1975 · confidence medium
Among the practices which the courts have heretofore deemed to be unlawful in and of themselves are price fixing, United States v. Socony-Vacuum Oil Co., 310 U.S. 150, 210 ( 60 S.Ct. 811, 838 , 84 L.Ed. 1129 ); division of markets, United States v. Addyston Pipe & Steel Co. (6 Cir.), 85 F. 271 , affirmed, 175 U.S. 211 ( 20 S.Ct. 96 , 44 L.Ed. 136 ); group boycotts, Fashion Originators' Guild v. Federal Trade Comm'n, 312 U.S. 457 ( 61 S.Ct. 703 , 85 L.Ed. 949 ); and tying arrangements, International Salt Co. v. United States, 332 U.S. 392 ( 68 S.Ct. 12 , 92 L.Ed. 20 ). 10 Ibid. 11 Addressing th…
discussed Cited as authority (rule) Oates v. E. Bergen Cty. Mult. List. Serv.
N.J. Super. Ct. App. Div. · 1971 · confidence medium
They have not been saved by allegations that they were reasonable in the specific circumstances, nor by a failure to show that they "fixed or regulated prices, parcelled out or limited production, or brought about a deterioration in quality." Fashion Originators' Guild v. Federal Trade Comm'n, 312 U.S. 457, 466, 467-468 , 61 S.Ct. 703 , 85 L.Ed. 949 .
discussed Cited as authority (rule) People v. Santa Clara Valley Bowling Proprietors' Ass'n
Cal. Ct. App. · 1965 · confidence medium
They have not been saved by allegations that they were reasonable in the specific circumstances, nor by a failure to show that they ‘fixed or regulated prices, parcelled out or limited production, or brought about a deterioration in quality.’ Fashion Originators’ Guild v. Federal Trade Com., 312 U.S. 457, 466, 467-468 [ 61 S.Ct. 703 , 85 L.Ed. 949 ].
cited Cited as authority (rule) Atlantic Refining Co. v. Federal Trade Commission
SCOTUS · 1965 · confidence medium
Fashion Originators' Guild v. Federal Trade Comm'n, 312 U. S. 457, 463 (1941).
discussed Cited as authority (rule) Silver v. New York Stock Exchange
SCOTUS · 1963 · confidence medium
The Court pointed out- that “An elaborate system of trial and appellate tribunals exists, for the determination of whether a given garment is in fact a copy of a Guild member's design.” 312 U. S., at 462-463.
cited Cited as authority (rule) White Motor Co. v. United States
SCOTUS · 1963 · confidence medium
Park & Sons Co., 220 U. S. 373, 407-408 (1911); Fashion Originators' Guild v. Federal Trade Comm'n, 312 U. S. 457, 467-468 (1941), and Northern Pac.
discussed Cited as authority (rule) United States v. White Motor Company
N.D. Ohio · 1961 · confidence medium
C., 1941, 312 U.S. 457, 468, 668 , 61 S.Ct. 703 , 85 L.Ed. 949 ; Associated Press v. United States, 1945, 326 U.S. 1 , 16 note 15, 65 S.Ct. 1416 , 89 L.Ed. 2013 ; Radovich v. National Football League, 1957, 352 U.S. 445 , 453 note 10, 77 S.Ct. 390 , 1 L.Ed.2d 456 .
discussed Cited as authority (rule) Sunkist Growers, Inc. v. Winckler & Smith Citrus Products Co.
9th Cir. · 1960 · confidence medium
Late Supreme Court cases confirm its existence, 13 but with certain definite limitations. 100 Text writers tell us this general 'right' of choice of dealing may be violative of antitrust laws when it is 'misused or abused,' i.e., 'when there is proof of any one of a number of plus elements of liability that may taint the otherwise lawful individual refusal to sell.' 14 'These plus elements,' says Professor Oppenheim of Michigan, 101 'include, among others, the following major species of illegality: (1) tortious conduct constituting unfair competition or unfair trade practice at common law; (2)…
discussed Cited as authority (rule) Hess v. Anderson, Clayton & Co.
S.D. Cal. · 1957 · confidence medium
Standard Oil Co. of New Jersey v. United States, 1911, 221 U.S. 1, 58 , 31 S.Ct. 502 , 55 L.Ed. 619 ; Ramsay Co. v. Associated Bill Posters of U. S. & Canada, 1923, 260 U.S. 501, 512 , 43 S.Ct. 167 , 67 L.Ed. 368 ; United States v. American Linseed Oil Co., 1923, 262 U.S. 371, 388 , 43 S.Ct. 607 , 67 L.Ed. 1035 ; Paramount Famous Lasky Corp. v. United States, 1930, 282 U.S. 30, 42-43 , 51 S.Ct. 42 , 75 L.Ed. 145 ; Sugar Institute, Inc., v. United States, 1936, 297 U.S. 553, 597-598 , 56 S.Ct. 629 , 80 L.Ed. 859 ; Apex Hosiery Co. v. Leader, 1940, 310 U.S. 469, 495-498 , 60 S.Ct. 982 , 84 L.Ed.…
discussed Cited as authority (rule) INSECT-O-LITE COMPANY v. Hagemeyer
E.D. Ky. · 1957 · signal: cf. · confidence medium
Cf. Fashion [Originators’] Guild [of America] v. Trade Commission, 312 U.S. 457, 468 [668], 61 S.Ct. 703 , 85 L.Ed. 949 ; James Heddon’s Sons v. Millsite Steel & Wire Works, Inc., supra, 6 Cir., 128 F.2d 13 .
discussed Cited as authority (rule) Federal Trade Commission v. W. W. Tuttle, Resident Manager, Ernst & Ernst (2×)
2d Cir. · 1957 · confidence medium
Fashion Originators Guild v. Federal Trade Comm., 312 U.S. 457, 463 (footnote 4), 61 S.Ct. 703 , 85 L.Ed. 949 . 7 See opinion of Thomsen, C.
discussed Cited as authority (rule) Harry C. Daniels, D/B/A Harry C. Daniels and Co. v. United States of America and Ezra Taft Benson, Secretary of Agriculture
7th Cir. · 1957 · confidence medium
Federal Trade Commission v. Raladam Co., 816 U.S. 149 , 152, 62 S.Ct. 966 , 86 L.Ed. 1336; Fashion Originators’ Guild of America v. Federal Trade Commission, 312 U.S. 457, 466, 668 , 61 S.Ct. 703 , 85 L.Ed. 949 .
examined Cited as authority (rule) Union Circulation Company, Inc. v. Federal Trade Commission (4×) also: Cited "see"
2d Cir. · 1957 · confidence medium
See United States v. Columbia Steel Co., 1948, 334 U.S. 495, 522 , 68 S.Ct. 1107 , 92 L.Ed. 1533 ; Fashion Originators' Guild of America v. F.T.C., 1941, 312 U.S. 457, 467-468, 668 , 61 S.Ct. 703 , 85 L.Ed. 949 ; United States v. Socony-Vacuum Oil Co., 1940, 310 U.S. 150, 218 , 60 S.Ct. 811 , 84 L.Ed. 1129 ; Las Vegas Merchant Plumbers Ass'n v. United States, 9 Cir., 210 F.2d 732, 740-741 , certiorari denied, 1954, 348 U.S. 817 , 75 S.Ct. 29 , 99 L.Ed. 645 . 15 Although 'some agreements and practices are invalid per se, * * * others are illegal only as applied to particular situations.' United…
discussed Cited as authority (rule) Union Circulation Co. v. Federal Trade Commission
2d Cir. · 1957 · confidence medium
C., 1941, 312 U.S. 457, 467-468, 668 , 61 S.Ct. 703 , 85 L.Ed. 949 ; United States v. Socony-Vacuum Oil Co., 1940, 310 U.S. 150, 218 , 60 S.Ct. 811 ; 84 L.Ed. 1129 ; Las Vegas Merchant Plumbers Ass’n v. United States, 9 Cir., 210 F.2d 732, 740-741 , certiorari denied, 1954, 348 U.S. 817 , 75 S.Ct. 29 , 99 L.Ed. 645 .
discussed Cited as authority (rule) United States v. Twentieth Century-Fox Film Corp.
S.D. Cal. · 1956 · confidence medium
Standard Oil Co. of New Jersey v. United States, 1911, 221 U.S. 1, 58 , 31 S.Ct. 502 , 55 L.Ed. 619 ; Ramsay Co. v. Associated Bill Posters of U. S. and Canada, 1923, 260 U.S. 501, 512 , 43 S.Ct. 167 , 67 L.Ed. 368 ; United States v. American Linseed Oil Co., 1923, 262 U.S. 371, 388 , 43 S.Ct. 607 , 67 L.Ed. 1035 ; Paramount Famous-Lasky Corp. v. United States, 1930, 282 U.S. 30, 42-43 , 51 S.Ct. 42 , 75 L.Ed. 145 ; Sugar Institute, Inc., v. United States, 1936, *83 297 U.S. 553, 597-598 , 56 S.Ct. 629 , 80 L.Ed. 859 ; Apex Hosiery Co. v. Leader, 1940, 310 U.S. 469, 495-498 , 60 S.Ct. 982 , 84…
examined Cited as authority (rule) Times-Picayune Publishing Co. v. United States (4×)
SCOTUS · 1953 · confidence medium
Federal Trade Commission v. Motion Picture Advertising Service Co., 344 U. S. 392, 395 (1953); Federal Trade Commission v. Cement Institute, 333 U. S. 683, 690-694 (1948); Fashion Originators’ Guild v. Federal Trade Commission, 312 U. S. 457, 463 (1941).
discussed Cited as authority (rule) Federal Trade Commission v. Motion Picture Advertising Service Co. (2×)
SCOTUS · 1953 · confidence medium
It is also clear that the Federal Trade Commission Act was designed to supplement and bolster the Sherman Act and the Clayton Act (see Federal Trade Commission v. Beech-Nut Co., 257 U. S. 441, 453 ) — to stop in their incipiency acts and practices which, when full blown, would violate those Acts (see Fashion Guild v. Federal Trade Commission, 312 U. S. 457, 463, 466 ), as well as to condemn as “unfair methods of competition” existing violations of them.
discussed Cited as authority (rule) Lichtenstein v. Federal Trade Commission
9th Cir. · 1952 · signal: cf. · confidence medium
Cf. Fashion Originators’ Guild v. Federal Trade Commission, 312 U.S. 457, 466, 668 , 61 S.Ct. 703 , 85 L.Ed. 949 , and Federal Trade Commission v. Raladam Co., 316 U.S. 149, 152 , 62 S.Ct. 966 , 86 L.Ed. 1336 .
examined Cited as authority (rule) Standard Oil Co. of California v. United States (3×) also: Cited "see"
SCOTUS · 1949 · confidence medium
In rejecting the relevance of evidence that the Guild’s use of requirements contracts was a “reasonable and necessary” measure of protection against “the devastating evils growing from the pirating of original designs,” the Court again emphasized the presence and the consequences of economic power: “The purpose and object of this combination, its potential power, its tendency to monopoly, the coercion it could and did practice upon a rival method of competition, all brought if within the policy of the prohibition declared, by.the Sherman and Clayton Acts.” 312 U. S. at 467-68. �…
discussed Cited as authority (rule) Metropolis Bending Co. v. Brandwen
M.D. Penn. · 1948 · confidence medium
Co. v. General Food Sales Co., D.C. f Neb.1943, 52 F.Supp. 432, 439 ; Fashion Originators’ Guild of America Inc. v. Federal Trade Commission, 1941, 312 U.S. 457, 468, 668 , 61 S.Ct. 703 , 85 L.Ed. 949 ; Pecheur Lozenge Co. Inc. v. National Candy Co. Inc., 1942, 315 U.S. 666, 667 , 62 S.Ct. 853 , 86 L.Ed. 1103 ; Klaxon Co. v. Stentor Electric Mfg.
discussed Cited as authority (rule) Hastings Mfg. Co. v. Federal Trade Commission
6th Cir. · 1946 · confidence medium
Fashion Originators’ Guild v. Federal Trade Comm., 312 U.S. 457, 466, 668 , 61 S.Ct. 703, 707 , 85 L.Ed. 949 .” It was within the competency of the *258 Commission, in the present case, to infer that by the Hastings practices trade would be diverted from competitors who do not engage in such practices and that less highly financed manufacturers would be unable to compete, even though their product should be equal or superior in quality.
Retrieving the full opinion text from the archive…
FASHION ORIGINATORS’ GUILD OF AMERICA, INC., Et Al.
v.
FEDERAL TRADE COMMISSION
537.
Supreme Court of the United States.
Mar 31, 1941.
312 U.S. 457
Mr. Charles B. Rugg, with whom Messrs. Milton C. Weisman, Archibald Cox, and Melvin A. Albert were on the brief, for petitioners., Solicitor General Biddle, with whom Assistant Attorney General Arnold and Messrs. James C. Wilson and Wilber Stammler were on the brief, for respondent.
Black.
Cited by 589 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #25,356 of 633,719
Citer courts: Federal Circuit (3) · S.D. New York (3) · D. Vermont (3) · S.D. California (1)
Mr. Justice Black

delivered the opinion of the Court.

The Circuit Court of Appeals, with modifications not here challenged, affirmed a Federal Trade Commission decree ordering petitioners to cease and desist from certain practices found to have been done in combination and to constitute “unfair methods of competition” tending to monopoly. [1] Determination of the correctness of the decision below requires consideration of the Sherman, Clayton, and Federal Trade Commission Acts. [2]

[*461] Some of the members of the combination design, manufacture, sell and distribute women’s garments — chiefly dresses. Others are manufacturers, converters or dyers of textiles from which these garments are made. Fashion Originators’ Guild of America (FOGA), an organization controlled by these groups, is the instrument through which petitioners work to accomplish the purposes condemned by the Commission. The garment manufacturers claim to be creators of original and distinctive designs of fashionable clothes for women, and the textile manufacturers claim to be creators of similar original fabric designs. After these designs enter the channels of trade, other manufacturers systematically make and sell copies of them, the copies usually selling at prices lower than the garments copied. Petitioners call this practice of copying unethical and immoral, and give it the name of “style piracy.” And although they admit that their “original creations” are neither copyrighted nor patented, and indeed assert that existing legislation affords them no protection against copyists, they nevertheless urge that sale of copied designs constitutes an unfair trade practice and a tortious invasion of their rights. Because of these alleged wrongs, petitioners, while continuing to compete with one another in many respects, combined among themselves to combat and, if possible, destroy all competition from the sale of garments which are copies of their “original creations.” They admit that to destroy such competition they have in combination purposely boycotted and declined to sell their products to retailers who follow a policy of selling garments copied by other manufacturers from designs put out by Guild members. As a result of their efforts, approximately 12,000 retailers throughout the country have signed agreements to “cooperate” with the Guild’s boycott program, but more than half of these signed the[*462] agreements only because constrained by threats that Guild members would not sell to retailers who failed to yield to their demands — threats that have been carried out by the Guild practice of placing on red cards the names of non-cooperators (to whom no sales are to be made), placing on white cards the names of cooperators (to whom sales are to be made), and then distributing both sets of cards to the manufacturers.

The one hundred and seventy-six manufacturers of women’s garments who are members of the Guild occupy a commanding position in their line.of business. In 1936, they sold in the United States more than 38% all women’s garments wholesaling at $6.75 and up, and more than 60% of those at $10.75 and above. The power of the combination is great; competition and the demand of the consuming public make it necessary for most retail dealers to stock some of the products of these manufacturers. And the power of the combination is made even greater by reason of the affiliation of some members of the National Federation of Textiles, Inc. — that being an organization composed of about one hundred textile manufacturers, converters, dyers, and printers of silk and rayon used in making women’s garments. Those members of the Federation who are affiliated with the Guild have agreed to sell their products only to those garment manufacturers who have in turn agreed to sell only to cooperating retailers.

The Guild maintains a Design Registration Bureau for garments, and the Textile Federation maintains a similar Bureau for textiles. The Guild employs “shoppers” to visit the stores of both cooperating and non-cooperating retailers, “for the purpose of examining their stocks, to determine and report as to whether they contain . . . copies of registered designs . . .” An elaborate system of trial and appellate tribunals exists, for the determination of whether a given garment is in fact a copy of[*463] a Guild member’s design. In order to assure the success of its plan of registration and restraint, and to ascertain whether Guild regulations are being violated, the Guild audits its members’ books. And if violations of Guild requirements are discovered, as, for example, sales to red-carded retailers, the violators are subject to heavy fines.* * [3]

In addition to the elements of the agreement set out above, all of which relate more or less closely to competition by so-called style copyists, the Guild has undertaken to do many things apparently independent of and distinct from the fight against copying. Among them are the following: the combination prohibits its members from participating in retail advertising; regulates the discount they may allow; prohibits their selling at retail; cooperates with local guilds in regulating days upon which special sales shall be held; prohibits its members from selling women’s garments to persons who conduct businesses in residences, residential quarters, hotels or apartment houses; and denies the benefits of membership to retailers who participate with dress manufacturers in promoting fashion shows unless the merchandise used is actually purchased and delivered.

If the purpose and practice of the combination of garment manufacturers and their affiliates runs counter to the public policy declared in the Sherman and Clayton Acts, the Federal Trade Commission has the power to suppress it as an unfair method of competition. [4] From[*464] its findings the Commission concluded that the petitioners, “pursuant to understandings, arrangements, agreements, combinations and conspiracies entered into jointly and severally” had prevented sales in interstate commerce, had “substantially lessened, hindered and suppressed” competition, and had tended “to create in themselves a monopoly.” And paragraph 3 of the Clayton Act (15, U. S. C. § 14) declares “It shall be unlawful for any person engaged in commerce, . . . to . . . make a sale or contract for sale of goods, ... on the condition, agreement, or understanding that the . .' .. purchaser thereof shall not use or deal in the goods, ... of a competitor or competitors of the . . . seller, where the effect of such . . . sale, or contract for sale . . . may be to substantially lessen competition or tend to create a monopoly in any line of commerce.” The relevance of this section of the Clayton Act to petitioners' scheme is shown by the fact that the scheme is bottomed upon a system of sale under which (1) textiles shall be sold to garment manufacturers only upon the condition and understanding that the buyers will not use or deal in textiles which are copied from the designs of textile manufacturing Guild members; (2) garment manufacturers shall sell to retailers only upon the condition and understanding that the retailers shall not use or deal in such copied designs. And the Federal Trade Commission concluded in the language of the Clayton Act that these understandings substantially lessened competition and tended to create a monopoly. We hold that the Commission, upon adequate and unchallenged findings, correctly concluded that this practice constituted an unfair method of competition. [5] [6]

[*465] Not only does the plan in the respects above discussed thus conflict with the principles of the Clayton Act; the findings of the Commission bring petitioners’ combination in its entirety well within the inhibition of the policies declared by the Sherman Act itself. Section 1 of that Act makes illegal every contract, combination or conspiracy in restraint of trade or commerce among the several states; § 2 makes illegal every combination or conspiracy which monopolizes or attempts to monopolize any part of that trade or commerce. Under the Sherman Act “competition not combination, should be the law of trade.” National Cotton Oil Co. v. Texas, 197 U. S. 115, 129. And among the many respects in which the Guild’s plan runs contrary to the policy of the Sherman Act are these: it narrows the outlets to which garment and textile manufacturers can sell and the sources from which retailers can buy (Montague & Co. v. Lowry, 193 U. S. 38, 45; Standard Sanitary Mfg. Co. v. United States, 226 U. S. 20, 48-49); subjects all retailers and manufacturers who decline to comply with the Guild’s program to an organized boycott (Eastern States Retail Lumber Dealers’ Assn. v. United States, 234 U. S. 600, 609-611); takes away the freedom of action of members by requiring each to reveal to the Guild the intimate details of their individual affairs (United States v. American Linseed Oil Co., 262 U. S. 371, 389); and has both as its necessary tendency and as its purpose and effect the direct suppression of competition from the sale of unregistered textiles and copied designs (United States v. American Linseed Oil Co., supra, at 389). In addition to all this, the combination is in reality an extra-governmental agency, which prescribes rules for the regulation and restraint of interstate commerce, and provides extra-judicial tribunals for determination and punishment of violations, and thus “trenches upon the power of the national legislature and violates the statute.”[*466] Addyston Pipe & Steel Co. v. United States, 175 U. S. 211, 242.

Nor'is it determinative in considering the policy of the Sherman Act that petitioners may not yet have achieved a complete monopoly. For “it is sufficient if it really tends to that end and to deprive the public of the advantages which flow from free competition.” United States v. E. C. Knight Co., 156 U. S. 1, 16; Addyston Pipe & Steel Co. v. United States, 175 U. S. 211, 237. It was, in fact, one of the hopes of those who sponsored the Federal Trade Commission Act that its effect might be prophylactic and that through it attempts to bring about complete monopolization of an industry might be stopped in their incipiency. [6]

Petitioners, however, argue that the combination cannot be contrary to the policy of the Sherman and Clayton Acts, since the Federal Trade Commission did not find that the combination fixed or regulated prices, par-celled out or limited production, or brought about a deterioration in quality. But action falling into these three categories does not exhaust the types of conduct banned by the Sherman and Clayton Acts. And as previously pointed out, it was the object of the Federal Trade Commission Act to reach not merely in their fruition but also in their incipiency combinations which could lead to these and other trade restraints and practices deemed undesirable. In this case, the Commission found that the combination exercised sufficient control and power in the women’s garments and textile businesses “to exclude from the industry those manufacturers and distributors who do not conform to the rules and regulations of said respondents, and thus tend to'[*467] create in themselves a monopoly in the said industries.” While a conspiracy to fix prices is illegal, an intent to increase prices is not an ever-present essential of conduct amounting to a violation of the policy of the Sherman and Clayton Acts; a monopoly contrary to their policies can exist even though a combination may temporarily or even permanently reduce the price of the articles manufactured or sold. For as this Court has said, “Trade or commerce under those circumstances may nevertheless be badly and unfortunately restrained by driving out of business the small dealers and worthy men whose lives have been spent therein, and who might be unable to readjust themselves to their altered surroundings. Mere reduction in the price of the commodity dealt in might be dearly paid for by the ruin of such a class, and the absorption of control over one commodity by an all-powerful combination of capital.” [7]

But petitioners further argue that their boycott and restraint of interstate trade is not within the ban of the policies of the Sherman and Clayton Acts because “the practices of FOGA were reasonable and necessary to protect the manufacturer, laborer, retailer and consumer against the devastating evils growing from the pirating of original designs and had in fact benefited all four.” The Commission declined to hear much of the evidence that petitioners desired to offer on this subject. As we have pointed out, however, the aim of petitioners’ combination was the intentional destruction of one type of manufacture and sale which competed with Guild members. The purpose and object of this combination, its potential power, its tendency to monopoly, the coercion it could and did practice upon a rival method of competition, all brought it within the policy of the prohibition[*468] declared by the Sherman and Clayton Acts. For this reason, the principles announced in Appalachian Coals, Inc. v. United States, 288 U. S. 344, and Sugar Institute v. United States, 297 U. S. 553, have no application here. Under these circumstances it was not error to refuse to hear the evidence offered, for the reasonableness of the methods pursued by the combination to accomplish its unlawful object is no more material than would be the reasonableness of the prices fixed by unlawful combination. Cf. Thomsen v. Cayser, 243 U. S. 66, 85; United States v. Trenton Potteries Co., 273 U. S. 392, 398; United States v. Socony-Vacuum Oil Co., 310 U. S. 150, 212-224. Nor can the unlawful combination be justified upon the argument that systematic copying of dress designs is itself tortious, or should now be declared so by us. In the first place, whether or not given conduct is tortious is a question of state law, under our decision in Erie R. Co. v. Tompkins, 304 U. S. 64. In the second place, even if copying were an acknowledged tort under the law of every state, that situation would not justify petitioners in combining together to regulate and restrain interstate commerce in violation of federal law. And for these same reasons, the principles declared in International News Service v. Associated Press, 248 U. S. 215, cannot serve to legalize petitioners’ unlawful combination. The decision below is accordingly

Affirmed.

1

114 F. 2d 80. Because of inconsistency between the holding below and that of the First Circuit Court of Appeals in Wm. Filene’s Sons Co. v. Fashion Originators’ Guild of America, 90 F. 2d 556, we granted certiorari. 311 U. S. 641.

2

26 Stat. 209, 15 U. S. C. § 1 et seq.; 38 Stat. 730, 15 U. S. C. § 12 et seq.; 38 Stat. 717, 15 U. S. C. § 41 et seq.

3

In one instance a fine of $1500 was imposed, and the Guild notified its membership that a fine of $5000 would be assessed in case of future violation.

4

Federal Trade Comm’n v. Beech-Nut Packing Co., 257 U. S. 441, 453-455. See 26 Stat. 209, 15 U. S. C. § 1 et seq.; 38 Stat. 730, 15 U. S. C. § 12 et seq.; 38 Stat. 717, 15 U. S. C. § 41 et seq. By 38 Stat. 734, 15 U. S. C. § 21, the Federal Trade Commission is expressly given authority to enforce the Clayton Act.

5

Cf. Federal Trade Comm’n v. R. F. Keppel & Bro., 291 U. S. 304, 314; Standard Fashion Co. v. Magrane-Houston Co., 258 U. S. 346, 357.

6

Federal Trade Comm’n v. Raladam Co., 283 U. S. 643, 647. And see remarks of Senator Cummins, Chairman of the Committee which reported the bill, 51 Cong. Rec. 11455, quoted by Brandeis, J., in Federal Trade Comm’n v. Gratz, 253 U. S. 421, 435.

7

United States v. Trans-Missouri Freight Assn., 166 U. S. 290, 323.