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FAIR TRADE

HEARINGS

BEFORE THE

SUBCOMMITTEE ON

MONOPOLIES AND COMMERCIAL LAW

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

NINETY-FOURTH CONGRESS

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COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman

JACK BROOKS, Texas

ROBERT W. KASTENMEIER, Wisconsin
DON EDWARDS, California

WILLIAM L. HUNGATE, Missouri
JOHN CONYERS, JR., Michigan
JOSHUA EILBERG, Pennsylvania
WALTER FLOWERS, Alabama
JAMES R. MANN, South Carolina
PAUL S. SARBANES, Maryland
JOHN F. SEIBERLING, Ohio
GEORGE E. DANIELSON, California
ROBERT F. DRINAN, Massachusetts
BARBARA JORDAN, Texas
RAY THORNTON, Arkansas
ELIZABETH HOLTZMAN, New York
EDWARD MEZVINSKY, Iowa
HERMAN BADILLO, New York
ROMANO L. MAZZOLI, Kentucky
EDWARD W. PATTISON, New York
CHRISTOPHER J. DODD, Connecticut
WILLIAM J. HUGHES, New Jersey
MARTIN A. RUSSO, Illinois

EDWARD HUTCHINSON, Michigan
ROBERT MCCLORY, Illinois
TOM RAILSBACK, Illinois
CHARLES E. WIGGINS, California
HAMILTON FISH, JR., New York
M. CALDWELL BUTLER, Virginia
WILLIAM S. COHEN, Maine
CARLOS J. MOORHEAD, California
JOHN M. ASHBROOK, Ohio
HENRY J. HYDE, Illinois
THOMAS N. KINDNESS, Ohio

EARL C. DUDLEY, Jr., General Counsel.
GARNER J. CLINE, Staff Director

HERBERT FUCHS, Counsel
WILLIAM P. SHATTUCK, Counsel
ALAN A. PARKER, Counsel
JAMES F. FALCO, Counsel
MAURICE A. BARBOZA, Counsel
THOMAS W. HUTCHISON, Counsel
ARTHUR P. ENDRES, Jr., Counsel
DANIEL L. COHEN, Counsel
FRANKLIN G. POLK, Counsel
THOMAS E. MOONEY, Counsel
MICHAEL W. BLOMMER, Counsel
ALEXANDER B. COOK, Counsel
CONSTANTINE J. GEKAS, Counsel
ALAN F. COFFEY, Jr., Counsel
KENNETH N. KLEE, Counsel

SUBCOMMITTEE ON MONOPOLIES AND COMMEROTAL LAW

PETER W. RODINO, JR., New Jersey, Chairman

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CONTENTS

Bruner, Curtis L., president, Classic Chemicals, Ltd., accompanied by
Lanny J. Davis, counsel -

Clearwaters, Keith I., Deputy Assistant Attorney General, Antitrust
Division, Department of Justice__

50

50, 53

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Additional material-

"Fair Trade- or Price Fixing?" the Washington Star, March 9, 1975--
"Farewell to Fair Trade," Fortune, March 1975--

"Farewell to 'Fair Trade,'
," the Washington Star, March 2, 1975..
"Price Maintenance," by R. E. Shanahan (Bissell Carpet Sweeper Co.) -
"The Cost of 'Fair Trade,'
," Library of Congress, March 31, 1975.-

"The Unfairness of Fair Trade," the Chicago Tribune, February 17,

1975.

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Schwinn Bicycle Co., prepared statement-

159

Wimmer, Ed, president, Forward America, Inc., letter dated April 10,
1975, to Hon. Peter W. Rodino, Jr.

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Correspondence and statements in favor of H.R. 2384—

Datt, John C., director, congressional relations, American Farm
Bureau Federation, letter dated March 25, 1975, to Hon. Peter W.
Rodino, Jr.--

Jensen, Tom, chairman, Intergovernmental Relations Committee, Na-
tional Conference of State Legislatures, letter dated April 9, 1975,
to Hon. Peter W. Rodino, Jr.---

Mass Retailing Institute, prepared statement_
Miller, Hon. Andrew P., Attorney General, Commonwealth of Virginia,
letter dated January 17, 1975, to Hon. Joseph V. Gartlan, Jr.
Troy, Anthony F., deputy attorney general, Commonwealth of
Virginia, letter dated April 11, 1975, to Hon. Peter W. Rodino, Jr.---

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FAIR TRADE

TUESDAY, MARCH 25, 1975

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON MONOPOLIES AND COMMERCIAL LAW

OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met at 10:04 a.m., in room 2141, Rayburn House Office Building, Hon. Peter W. Rodino, Jr. [chairman of the subcommittee] presiding.

Present: Representatives Rodino, Flowers, Sarbanes, Jordan, Mezvinsky, Mazzoli, Hughes, Hutchinson, McClory, and Cohen.

Also present: Earl C. Dudley, Jr., general counsel, and Franklin G. Polk, associate counsel.

Chairman RODINO. The committee will come to order.

Today we begin hearings on three essentially identical bills to repeal the so-called Fair Trade provisos to the Sherman Act and the Federal Trade Commission Act.

This simple repealing legislation may be the most effective single action the Congress can take to combat inflation in certain areas of the

economy.

Agreements, whether vertical or horizontal, to fix and maintain prices are classic restraints of trade. They have long been considered per se illegal under our antitrust laws.

Presently the Miller-Tydings and McGuire Acts create exceptions to this rule of illegality where State laws permit sellers to specify resale prices for their products. In some States these laws, with the express approval of the McGuire Act, go so far as to permit enforcement of resale price maintenance against those who have refused to sign such agreements.

Laws permitting resale price maintenance were children of the great depression, when it was argued that they would provide a safeguard against small business failures. Under the aegis of the Federal antitrust exemptions, some form of resale price maintenance legislation was enacted by 46 States.

These laws have proved to be failures. This is reflected by the fact that a growing number of States have got rid of them, either through repeal or court decision. The time has come, in my judgment, to repeal the Federal exemptions on which the remaining State statutes rest.

The principal argument in favor of resale price maintenance laws is that they protect the small independent retailer from the predatory pricing practices of the big chains. But economic studies clearly indicate that small business failure rates are as high or higher in so-called fair trade States as they are in States allowing free price competition.

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