SUBCOMMITTEE ON RETAILING, DISTRIBUTION, AND FAIR TRADE PRACTICES HUBERT H. HUMPHREY, Minnesota, Chairman

CONTENTS

Statement of:

Arnold, Hon. Thurman, former Assistant Attorney General, Anti-

trust Division, Department of Justice, now member of the law firm of

Arnold, Fortas & Porter, Washington, D. C.........----

Beaty, Jack, president, Rocky Mountain Wholesale Co., Inc., Post

Office Box 377, Albuquerque, N. M..

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160

146

Bison, Henry, Jr., counsel, National Association of Retail Grocers,

Washington, D. C..

33

Burger, George J., vice president, National Federation of Independent

Business, Washington, D. C.......

116

Carlson, H. E., secretary, Oregon Independent Retail Grocers Assn.,

Portland, Oreg. (letter, appendix 8)___

198

101

74

50

Carretta, Hon. Albert A., former Federal Trade Commissioner, now

counsel for national trade associations, Washington, D. C.

Cassedy, James W., general counsel, Motor & Equipment Wholesalers
Association, Washington, D. C.-

Daniel, D. C. Scott, executive secretary and general counsel, National
Association of Independent Dairies, Washington, D. C.
Goldman, William, William Goldman Theatres, Inc., Philadelphia, Pa.
(written statement before Ways and Means Committee, appendix I).

Gwynne, Hon. John W., chairman, Federal Trade Commission,

accompanied by Harry Babcock, executive director; Earl W.

Kitner, general counsel; and Joseph E. Sheehy, director, Bureau of

Litigation

Hansen, Hon. Victor R., assistant attorney general, Antitrust Division,
Department of Justice, Washington, D. C..

Humphrey, Hon., Hubert H. Humphrey, United States Senator from
Minnesota, opening statement.

Loevinger, Lee, attorney, Midland Bank Building, Minneapolis, Minn.

Morse, Hon. Wayne, United States Senator from Oregon (letter,

appendix 8).

Parkman, J. W., president, Dothan Ice Cream Co., Dothan, Ala., ac-
companied by D. C. Scott Daniel, general counsel, National Asso-
ciation of Independent Dairies, Washington, D. C..

Proxmire, Hon. William E., United States Senator from Wisconsin...

Richards, Harvey, Jr., Hygeia Dairy Co., Harlingen, Tex. (written

statement)

Rogers, Watson, president, National Food Brokers Association,

Washington, D. C. (written statement)

Silverstein, Leonard L., attorney, Washington, D. C. (letter, appen-

dix 1).

Roosevelt, Hon. James, Member of Congress from the 23d Congressional

District of California__

157

182

Snow, William D., general counsel, National Congress of Petroleum

Retailers, Inc., Farwell Building, Detroit, Mich.

81

EXHIBITS

1. Excerpt from article by Hon. Thurman Arnold, entitled "Antitrust Law

Enforcement, Past and Future".

2. Text of bill S. 3079, to amend the Clayton Act to permit the institution

of action for damages for violation of the Robinson-Patman Act and

for other purposes, sponsored by Senators Sparkman and Thye,

85th Congress, 2d session_

3. Letter dated March 6, 1956, from Senator Humphrey to Assistant

Attorney General Stanley N. Barnes...

4. Mr. Barnes' reply to Senator Humphrey, dated March 16, 1956-

2

18

24

25

5. Letter dated February 16, 1955, from Assistant Attorney General Stan-

ley N. Barnes to Henry Bison, Jr., president, National Association

of Retail Grocers, Chicago, Ill.

6. Telegram of congratulations from Senator Sparkman (May 1957) to

J. W. Parkman, Jr., president, National Independent Dairy Asso-

ciation__.

7. Excerpts from testimony of small-business men before the Federal

Trade Commission_.

8. Excerpts from complaint of the Federal Trade Commission against the

National Dairy Products Corp. (Doc. No. 6651)_.

9. Reprint of article from the June 1957 issue of American Milk Review,

entitled "Destructive Competition", submitted by J. W. Parkman,

Jr., president, Dothan Ice Cream Co., Dothan, Ala..........

10. Additional information submitted by William D. Snow, general coun-

sel, National Congress of Petroleum Retailers, Inc., Detroit, Mich.

(a) Re the establishment of a National Oil Industry Supplier-

Retailer Relations Board...

(b) Example of language in major oil companies' contracts with

their service station dealers__

11. Letter dated January 6, 1939, from Cyrus B. Austin, trial attorney,

Federal Trade Commission, to George J. Burger, vice president,

National Federation of Independent Business_.

12. National Federation of Independent Business press release dated March
2, 1958__

13. Letter dated March 19, 1958, from Victor R. Hansen, Assistant Attor-

ney General, Antitrust Division, Department of Justice, to Senator

Sparkman, supplying additional information requested by Senators

Long and Javits

14. Charts submitted by Jack Beaty, president, Rocky Mountain Whole-

sale Co., Inc., Albuquerque, N. Mex.:

1. Comparison of advertised retail price on staple grocery items,

Safeway Stores, Inc----

2. El Paso division, Safeway Stores, Inc.:

(a) Taos, N. Mex., location No. 900-

(b) Belen, N. Mex., location No. 907.

(c) Las Vegas, N. Mex., location No. 911.

(d) Albuquerque, N. Mex., location No. 916_.

15. Letter dated February 28, 1958, from Congressman James Roosevelt

to Senator Humphrey, re H. R. 427, with accompanying copy of the

bill..

16. Charts submitted by Harvey Richards, Jr., Hygeia Dairy Co., Har-

lingen, Tex., showing price comparisons on dairy products____

APPENDIXES

1. Letter dated March 5, 1958, from Leonard L. Silverstein, attorney, to

Senator Humphrey, with attached statement of William Goldman

before the House Ways and Means Committee in support of H. R.

4566_

2. Text of H. R. 4566, a bill to amend the Internal Revenue Code of 1954

so as to provide relief with respect to tax treatment of damages in

antitrust actions.

3. Letters from small-business men addressed to Senator Sparkman, in

support of S. 3079, a bill to amend the Clayton Act to permit the

institution of actions for damages for violations of the Robinson-

Patman Act, and for other purposes..

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185-187

4. Statistics submitted by the Department of Justice Antitrust Division

re Safeway Stores, Inc...

5. Text of S. 11, a bill to amend the Robinson-Patman Act with reference

to equality of opportunity-

6. Text of S. 721, a bill to amend section 11 of the Clayton Act to provide

for the more expeditious enforcement of cease and desist orders

issued thereunder, and for other purposes _ _

188-194

7. Text of S. 1356, a bill to amend the antitrust laws by vesting in the

Federal Trade Commission jurisdiction to prevent monopolistic acts

or practices and other unlawful restraints in commerce by certain

persons engaged in commerce in meat and meat products, and for

other purposes--

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197