Antitrust Law-Exclusive Dealing Arrangements-Employment by Courts of Dual Tests in Applying Section 3 of the Clayton Act

Authors

Walter A. Urick, University of Michigan Law SchoolFollow

Abstract

Petitioner nationally markets its product through exclusive dealing contracts with 80,700 independent distributors. In 1958 petitioner's distributors accounted-as to vitamin concentrates-for 61.52 percent of all house-to- house sales 8.6 percent of the total retail sales, and 34.6 percent of the total sales, of similarly-composed products. The FTC examiner's finding that petitioner had violated section 3 of the Clayton Act was sustained by the Commission. On appeal, held, affirmed, one judge dissenting in part. The control of 61.52, 34.6 or 8.6 percent of the market sales by a seller having exclusive dealing contracts with its buyers is sufficient proof that competition has been "substantially lessened" in the line of commerce affected . Mytinger & Casselberry, Inc. v. FTC, 301 F.2d 534 (D.C. Cir. 1962).

Recommended Citation

Walter A. Urick, Antitrust Law-Exclusive Dealing Arrangements-Employment by Courts of Dual Tests in Applying Section 3 of the Clayton Act, 61 Mich. L. Rev. 589 (1963).
Available at: https://repository.law.umich.edu/mlr/vol61/iss3/7