FTC V. CURTIS PUBLISHING CO., 260 U. S. 568 (1923)

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U.S. Supreme Court

FTC v. Curtis Publishing Co., 260 U.S. 568 (1923)

Federal Trade Commission v. Curtis Publishing Company

No. 86

Argued November 17, 1922

Decided January 8, 1923

260 U.S. 568


1. In a proceeding taken by the Federal Trade Commission under the Federal Trade Commission Act and the Clayton Act, the ultimate determination of what constitutes unfair competition under the former is for the court, upon review of the Commission's order, and the same rule applies where the charge is that sales or agreements substantially lessen competition or tend to create monopoly, in violation of the Clayton Act. P. 260 U. S. 579.

2. Upon such a review, the Commission's findings of fact are conclusive if supported by evidence, but the court may examine the whole record and ascertain for itself whether there are material facts not reported by the Commission, and, if there be substantial evidence relating to such facts from which different conclusions reasonably may be drawn, and the interests of justice clearly require that the controversy be decided without further delay, the court has full power under the statute to do so without referring the matter to the Commission for additional findings. P. 260 U. S. 580.

3. A contract between a publisher and a distributor, as agent, whereby the former undertakes to consign its publications to the latter, retaining title until they are sold, and the latter agrees to supply the demand of distributors and dealers at specified prices, to promote sales, not to anticipate the dates fixed for publication, or dispose of copies in territory of other agents, or act as agent for, or supply at wholesale rates, periodicals of other publishers, or furnish names and addresses of customers to other publishers or agents, without the former's consent, and to train boys as distributors, subject to the principal's directions, and to return unsold copies, their cover pages or headings is not, without more, a contract of sale upon condition within the Clayton Act, but is a contract of agency. P. 260 U. S. 581.

4. Engagement by a publisher of numerous agents for the distribution of its magazines exclusively, when done in the orderly development of the business and without unlawful motive, held not an unfair method of competition within the Federal Trade Commission

Page 260 U. S. 569

Act, although many of the agent, when so engaged, were general distributor of newspapers and magazines. P. 260 U. S. 582.

270 F.8d 1 affirmed.

Certiorari to a decree of the circuit court of appeals which set aside an order entered against the respondent by the Federal Trade Commission.

Page 260 U. S. 573

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