Suppliers advertising in a customer’s Proposed eatalog
77 F.T.C. 1725 · June 4, 1970 · File No. 7037108
source volume section (77 F.T.C. 1725)
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.
Suppliers advertising in a customer’s Proposed eatalog. (File
No. 703 7108)
Opinion Letter
June 4, 1970
Dear Mr. Walter:
This is in response to your request of April 80, 1970 for an advisory opinion, ‘The Commission is of the view that the proposed course of action is subject to the requirements of the Clayton Act, section 2 (d), as amended. Thus, the proposed payments by suppliers to you for advertising would be unlawful “. . . unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or commodities.” Were you “knowingly to induce or receive” a payment made in violation of the Clayton Act, Section 2 (d), as amended, the Federal Trade Commission Act, Section 5 would be violated also.
By direction of the Commission.
Letter of Request
April 30, 1970