Fred Meyer, Inc. v. Federal Trade Commission

This is a petition to review and set aside an order of the Federal Trade Commission which directs that petitioners, Fred Meyer, Inc. and two of its officers, all of whom we refer to as Meyer, cease and desist from conduct in alleged violation of section 2(f) of the Clayton Act, 15 U.S.C. § 13 (f), and section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 .

These, as found by the Commission, are the facts. Fred Meyer, Inc., an Oregon corporation, operates a chain of thirteen retail supermarkets in Portland, Oregon, and the immediate vicinity, in which it sells grocery products, drugs, variety items, and a limited line of clothing. Its sales in 1957 exceeded $40 million, making it, during the relevant period, the second largest seller of all goods in the area. In 1960 it made one-fourth of all retail food sales in the Portland area, by its own claim selling to “75% of Oregon’s population” through its supermarkets located “in every neighborhood.”

In about 1936 petitioner commenced an annual promotion, called the “coupon book promotion,” beginning in September and ending four weeks later. The mechanics of the coupon book are simple. Meyer prints a book, usually containing 72…