Selection of customers by a single trader
69 F.T.C. 1213 · Apr. 12, 1966 · Digest No. 28
source volume section (69 F.T.C. 1213)
Text is machine-OCR of the printed volume and may contain errors. Advisory opinions are the Commission's views on proposed conduct, not binding orders.
No. 28. Selection of customers by a single trader. A recent Federa1 Trade Commission advisory opinion informed a publisher that no actionable trade restraints appeared to be involved in his proposal to select the customers to whom he wil sell a menu and recipe pamph1et.
As exp1ained by the requesting party, the pamphlet wi1 published weekly and will contain authoritative information on buying, preparing and serving food products. It will be s01d to selected food chains operating fewer than 500 retail outlets whose general trading areas do not overlap. Copies of the pamphlet wi1 be given free to customers of the food chains as a promotiona1 device. The pamphlet wil not mention any products by brand name, and wil not be available as a medium for advertising by any supplier or association of suppliers, nor wil ,
1214 FEDERAL TRADE COMMISSIOK DECISIONS any of them contribute financially towards its pubJication or distribution.
The Commission pointed out that the antitrust laws do not restrict the right of a seller who does not have monopoly power to seJect those customers to whom he wil sell his product, provided that the right is not exercised for the purpose of monop01ization or is otherwise Jinked to an un1awful course of conduct in restraint of trade. (FiJe No. 663 7045, released Apr. 12, 1966.