Elizabeth Arden, Inc. v. Federal Trade Commission

FRANK, Circuit Judge.

1. We agree with Elizabeth Arden Sales Corporation v. Gus Blass Co., 8 Cir., 150 F.2d 988, 991-993, certiorari denied 66 S.Ct. 231 1 in rejecting petitioners’ contention that § 2(e) is unconstitutional because of the omission of the words “engaged in commerce” (i.e., interstate commerce), found in the other subsections of § 2. The fact that the purpose of Congress in enacting the Robinson-Patman Price Discrimination Act was patently to exercise its well-recognized constitutional power to regulate interstate commerce, and the clear interrelation of (d) and (e), serve to…