Solid Section Steel Window Industry

16 CFR Part 28 · Trade practice rules · in the Code of Federal Regulations 1938-1959 (4 annual editions)

Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.

Latest edition: Library of Congress, 1959 CFR · Earliest edition: 1938 CFR

Text (1959 edition, OCR)

Chapter |—Federal Trade Commission

trade practice for any member of the in-
dustry to obtain information concerning
the business of a competitor by bribery
of an employee or agent of such com-
petitor, by false or misleading statements
or representations, by the impersonation
of one in authority, or by any other un-
fair means, and to use the information so
obtained so as substantially to injure
competition or unreasonably restrain
trade.

§ 27.16 Tie-in sales; coercing pur-
chase of one product as a prerequisite to
the purchase of other products. The
practice of coercing the purchase of one
or more products of the industry as a
prerequisite to the purchase of one or
more other products, where the effect
may be substantially to lessen competi-
tion or tend to create a monopoly or un-
reasonably to restrain trade, is an unfair
trade practice.

§ 27.17 Arrangements to exclude sales
of competitors’ products. It is an unfair
trade practice for any member of the
industry to sell or contract for the sale of
any industry products for use or resale,
or to fix a price charged therefor, or dis-
count from, or rebate upon, such price,
on the condition, agreement, or under-
standing that the purchaser thereof shall
not use or deal in new or used products
of a competitor or competitors of such
industry member, where the effect of
such sale or contract for sale, or such
condition, agreement, or understanding,
may be to substantially lessen competi-
tion or tend to create a monopoly in any
line of comnierce.

§ 27.18 Prohibited forms of trade re-
straints (unlawful price fixing, ete.)2 It
is an unfair trade practice for any mem-
ber of the industry, either directly or in-
directly, to engage in any planned com-
mon course of action, or to enter into or
take part in any understanding, agree-
ment, combination, or conspiracy, with
one or more members of the industry, or
with any other person or persons, to fix
or maintain the price of any goods or
otherwise unlawfully to restrain trade:
or to use any form of threat, intimida-
tion, or coercion to induce any member
of the industry or other person or per-
sons to engage in any such planned com-
mon course of action, or to become a
party to any such understanding, agree-
ment, combination, or conspiracy.

*?The inhibitions of this section are sub-
ject to Public Law 542, approved July 14,
1952, 66 Stat. 632 (the McGuire Act).

§ 27.20

827.19 Unlawful interference with
competitors’ purchases or sales. It is an
unfair trade practice for any industry
member, by means of any monopolistic
practice or through combination,
conspiracy, coercion, boycott, threats, or
any other unlawful means, directly or
indirectly, to interfere with a competi-
tor’s right to purchase his raw materiais
and supplies from whomsoever he
chooses, or to sell his product to whom-
soever he chooses.

§ 27.20 Consignment _ distribution.
(a) It is an unfair trade practice for any
member of the industry to employ the
practice of shipping industry products
on consignment without the express re-
quest or prior consent of the purchasers.

(b) It is an unfair trade practice for
any member of the mdustry to employ
the practice of shipping industry prod-
ucts on consignment or pretended con-
signment for the purpose and with the
effect of artificially clogging or closing
trade outlets and unduly restricting com-
petitors’ use of said trade outlets in
getting their products to purchasers
through regular channels of distribution,
thereby injuring, destroying, or prevent-
ing competition or tending to create a
monopoly or unreasonabiy to restrain
trade.

(c) Nothing in this section shall be
construed to authorize any understand-
ing or agreement, combination or con-
spiracy, or planned common course of
action. by and between industry mem-
bers, mutually to conform or restrict
their practice of shipping goods on con-
signment with the intent or effect of
lessening competition.

Part 28—Solid Section Steel
Window Industry [Reveked]

CopIFicaTIon: Part 28 was revoked, 19 F. R.
2053, Apr. 9, 1954.

Part 28-—Bluveprint and Diazotype
Coaters industry [Added]

Sec.
28.0 The industry defined.
GROUP I
28.1 Deception (generat).
28.2 False and misleading price quotations,
etc.
28.3 Deceptive invoicing.
28.4 Substitution of products.
28.5 Prohibited sales below cost.
28.6 Commercial bribery.

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