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FEDERAL TRADE COMM'N v. BROCH & CO.

No. 61.

363 U.S. 166 (1960)

80 S.Ct. 1158

4 L.Ed.2d 1124

FEDERAL TRADE COMMISSION v. HENRY BROCH & CO.

Supreme Court of United States.

Decided June 6, 1960.

Attorney(s) appearing for the Case

Daniel M. Friedman argued the cause for petitioner. With him on the brief were Solicitor General Rankin, Daniel J. McCauley, Jr. and Alan B. Hobbes.

Frederick M. Rowe argued the cause for respondent. With him on the brief were Joseph DuCoeur and Harold Orlinsky.

Henry J. Bison, Jr. argued the cause and filed a brief for the National Association of Retail Grocers of the United States, as amicus curiae, urging reversal.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Section 2 (c) of the Clayton Act, as amended by the Robinson-Patman Act,1 makes it unlawful for "any person" to make an allowance in lieu of "brokerage" to the "other party to such transaction." The question is whether that prohibition is applicable to the following transactions by respondent.

Respondent is a broker or sales representative for a number of principals who sell...

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