Alhambra Motor Parts v. Federal Trade Commission

Good Law
309 F.2d 213·1962 Trade Cas. (CCH) 70,496·1962 U.S. App. LEXIS 3966
United States Court of Appeals for the Ninth CircuitOctober 9, 196217222_1California5,026 words

Opinion

Opinion

Hamley, J.

This matter is before us on a petition to review a cease and desist order issued by the Federal Trade Commission. The petitioners, who were the respondents in the agency proceeding, are Southern California Jobbers, Inc., (SCJ), a cooperative corporation, and its fifty-nine jobber-members.

The Commission order 'required them to cease and desist the practice of inducing and receiving price discriminations in violation of section 2(f) of the Clayton Act, as amended by the Robinson-Patman Act (Act), 15 U.S.C.A. § 13 (f).

SCJ, organized under the laws of California and having its principal place of business in Los Angeles, owns and operates a warehouse and a fleet of trucks and has twenty-five employees. The jobber-members, each of whom owns one share of stock of SCJ, are engaged in the wholesale distribution of automotive parts, accessories and supplies in the Los Angeles area. They' purchase the described commodities in substantial quantities and resell them, in competition with each other and with independent jobbers, to garages, service stations, car dealers, and fleet owners.

SCJ has in the past engaged in two quite distinct types of operations. These are referred to in the…

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