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FTC v. BORDEN CO.

No. 106.

383 U.S. 637 (1966)

86 S.Ct. 1092

16 L.Ed.2d 153

FEDERAL TRADE COMMISSION v. BORDEN CO.

Supreme Court of United States.

Decided March 23, 1966.

Attorney(s) appearing for the Case

Robert B. Hummel argued the cause for petitioner. With him on the brief were Solicitor General Marshall, Assistant Attorney General Turner, Daniel M. Friedman, Gerald Kadish and James McI. Henderson.

John E. F. Wood argued the cause for respondent. With him on the brief were Kent V. Lukingbeal, Robert C. Johnston, Philip S. Campbell and C. Brien Dillon.

MR. JUSTICE WHITE delivered the opinion of the Court.

The Borden Company, respondent here, produces and sells evaporated milk under the Borden name, a nationally advertised brand. At the same time Borden packs and markets evaporated milk under various private brands owned by its customers. This milk is physically and chemically identical with the milk it distributes under its own brand but is sold at both the wholesale and retail level at prices regularly below those...

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