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FTC V. BUNTE BROS., INC., 312 U. S. 349 (1941)

U.S. Supreme Court

FTC v. Bunte Bros., Inc., 312 U.S. 349 (1941)

Federal Trade Commission v. Bunte Brothers, Inc.

No. 85

Argued January 6, 1941

Decided February 17, 1941

312 U.S. 349


1. The Federal Trade Commission is without authority under § 5 of the Federal Trade Commission Act to prevent a candy manufacturer within a State from selling, wholly within that State, candy in so-called "break and take" assortments. P. 312 U. S. 350.

2. Such selling is not a method of competition "in [interstate] commerce" within the meaning of the Act, and therefore not within the jurisdiction of the Commission, even though it be in competition with and affect the sales of out-of-state manufacturers who are barred from selling "break and take" assortments in interstate commerce as an unfair method of competition. P. 312 U. S. 351.

3. The phrase "unfair methods of competition in [interstate] commerce," as used in the Federal Trade Commission Act, is not to be construed as though it meant "unfair methods of competition in any way affecting interstate commerce." P. 312 U. S. 355.

110 F.2d 412 affirmed.

Certiorari, 311 U.S. 624, to review a judgment setting aside an order of the Federal Trade Commission.

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