Crushed Stone Industry

16 CFR Part 31 · Trade practice rules · in the Code of Federal Regulations 1938-1976 (14 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1976 CFR · Earliest edition: 1938 CFR

Text (1976 edition, OCR)

Chapter [—Federal Trade Commission

customers, or to agents, employees, or
representatives of competitors’ customers
or prospective customers, without the
knowledge of their employers or princi-
pals, as an inducement to influence their
employers or principals to purchase or
contract to purchase products manufac-
tured or sold by such industry member or
the maker of such gift or offer, or to in-
fluence such employers or principals to
refrain from dealing in the products of
competitors or from dealing or contract-
ing to deal with competitors.

§ 30.18 Unlawfnl interference

competitors’ purchases or sales.

It is an unfair trade practice for any
member of the industry, by means of any
monopolistic practices or through combi-
nation, conspiracy, coercion, boycott,
threats, or any other unlawful means,
directly or indirectly, to interfere with a
competitor’s right to purchase his raw
materials and supplies from whomsoever
he chooses, or to sell his product to
whomsocever he chooses.

§ 30.19 Exclusive deals.

It ls an unfair trade practice for any
member of the industry to contract to sell
or sell any industry product, or fix a
price charged therefor, or discount from,
or rebate upon, such price, on the condi-
tion, agreement, or understanding that
the purchaser thereof shall not use or
deal in the products of a competitor or
competitors of such industry member,
where the effect of such sale or contract
for sale, or of such condition, agreement,
or understandmg, may be substantially
to lessen competition or tend to create
@ monopoly in any line of commerce.

§ 30.20 Aiding or abetting use of un-
fair trade practices.

It is an unfair trade practice for any
person, firm, or corporation to ald,
abet, coerce, or induce another, directly
or indirectly, to use or promote the use of
any unfair trade practice specified in the
rules in this part.

with

PART 31—CRUSHED STONE

INDUSTRY
Group I

Sec,
31.1 Inducing breach of contract.
31.2 False marking or branding.
31.3 Deceptive seliing methods.
31.6 Defamation of competitors.
831.7 Sales below cost.

§ 31.6
Sec.
31.8 Commercial bribery.
31.9 Enticing employees.
31.10 Fictitious prices.
Group It
81.101 Publication of price fists and terms

of sale.

COMMITTEE ON TRADE PRACTICES
31.201 Industry committee.

AuTHoRITY: The provisions of this Part 31
issued under secs. 6, 5, 38 Stat. 721, 719; 16
U.S.C. 46, 45, unless otherwise noted.

Source: The provisions of this Part 31 con-
tained in trade practice rules. Crushed Stone
Industry, FTC, Aug. 17, 1981, unless other-
wise noted.

Group I
§ 31.1 Inducing hreach of contract.

Maliciously inducing or attempting to
induce the breach of existing contracts
between competitors and their customers
by any false or deceptive means whatso-
ever, or interfering with or obstructing
the performance of any such contractual
duties or services by any such means,
with the purpose and effect of unduly
hampering, injuring, or embarrassing
competitors in their businesses, is an un-

- fair trade practice.

§ 31.2 False marking or branding.

The false marking or branding of
products of the industry with the effect of
misleading or deceiving purchasers with
respect to the quantity, quality, size,
grade, or substance of the materials pur-
chased, is an unfair trade practice.

§ 31.3 Deceptive selling methods.

The sale or offering for sale of any
product of the industry by any false
means or device which has the tendency
and capacity to mislead or deceive cus-
tomers or prospective customers as to the
quantity, quality, substance, or size of
such product, is an unfair trade practice.

§ 31.6 Defamation of competitors.

The defamation of competitors by
faisely imputing to them dishonorable
conduct, inabillty to perform contracts,
questionable credit standing, or by other
false representations, or the false dispar-
agement of the grade or quality of their
goods, with the tendency and capacity to
mislead or deceive purchasers or pro-
spective purchasers, is an unfair trade
practice.

829

58-063—76——_22


§ 31.7

§ 31.7 Sales below cost.

The selling of goods below cost with
the intent and with the effect of injuring
a competitor and where the effect may be
to substantially lessen competition or
tend to create a monopoly or to unrea-
sonably restrain trade is an unfair trade
practice.

§ 31.8 Commercial bribery.

Directly or indirectly to give or permit
to be given or offer to give money or any-
thing of value to agents, employees, or
representatives of customers or prospec-
tive customers or to agents, employees,
or representatives of competitors’ cus-
tomers or prospective customers, without
the knowledge of their employers or prin-
cipals, as an inducement to influence
their employers or principals to purchase
or contract to purchase industry prod-
ucts from the maker of such gift or offer,
or to influence such employers or princi-
pals to refrain from dealing or contract-
ing to deal with competitors, is an
unfair trade practice.

§ 31.9 Enticing employees.

Maliciously enticing away the em-
ployees of competitors with the purpose
and effect of unduly hampering, injur-
ing, or embarrassing competitors in their
business is an unfair trade practice.

§ 31.10 Fictitious prices.

Offering for sale merchandise at a
price reduced from a marked-up of fic-
titious price with the tendency and
capacity to mislead or deceive purchasers
or prospective purchasers is an unfair
trade practice.

Group I

§ 31.101 Publication of price lists and
terms of sale. .

(a) The industry approves the prac-
tice of each individual member of the
industry independently publishing and
circulating to the purchasing trade its
own price lists.

(b) The industry approves the prac-~
tice of making the terms of sale a part
of all published price schedules.

COMMITTEE ON TRADE PRACTICES
§ 31.201 Industry committee.

The provisions of § 16.1 of this sub-
chapter shall be applicable to an indus-
try committee established under this
part.

[21 F.R. 1174, Feb. 1, 1956]

3

Title 16—Commercial Practices

PART 32—MELAMINE DINNER-
WARE INDUSTRY

Sec.

82.0 Definitions.

Group I

32,1 Misrepresentation and deception in
general.

32.2 Misrepresentations as to character of
business.

82.8 Misrepresenting products as conform-
ing standard.

82.4 Misuse of terms “close-outs,” “dis-
continued iines,” “special bargains,”
etc.

82.5 Substitution of products.

32.6 Deceptive use and imitation of trade
name, corporate name, trademark
etc.

82.7 Deceptive invoicing.

32.8 Fictitious prices, price lsts, ete.

82.9 Guaranties, warranties, etc.

32.10 Use of lottery schemes, etc.

32.11 Prohibited forms of trade restraints
(unlewful price fixing, etc.).

$2.12 Prohibited sales below cost.

32.138 Prohibited discrimination.

$2.14 Lifting of stocks.

32.15 Consignment distribution.

32.16 Defamation of competitors or false
disparagement of their products.

82.17 Procurement of competitors’ confi-
dential information by unfair
means and wrongful use thereof.

32.18 Enticing away employees of com-
petitors.

$2.19 Exclusive deals.

82.20 Commercial bribery. .

82.21 Unlawful interference with competi-
tors’ purchases or sales.

82.22 Aiding or abetting use of unfair

trade practices.

AvTuHoerrrr: The provisions of this Part 32
issued under secs, 6, 5, 88 Stat. 721, 719; 15
U.S.C. 46, 45, unless otherwise noted.

Source: The provisions of this Part 82 ap-
pear at 21 F.R. 4398, June 22, 1956, unless
otherwise noted.

§ 32.0 Definitions.

(a) Members of the industry are those
persons, firms, corporations, and organi-
zations engaged in the manufacture, de-
sign, distribution, or sale of melamine
molded dinnerware.

(b) As used in the rules in this part,
the term “industry products” or “prod-
ucts of the industry” consists of dinner-
ware molded of inelamine plastic
material.

Group I

§ 32.1 Misrepresentation and deception
in general.

It is an unfair trade practice to use, or
cause or promote the use of, any trade

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