Legal Opinion · Dissent
Federal Trade Commission v. Borden Co.
Supreme Court of the United States
Decided March 24, 1966No. 106Published
1DissentJustice Stewaet, joined by Justice Hab-lan
I cannot agree that mere physical or chemical identity between premium and private label brands is, without *648more, a sufficient basis for a finding of “like grade and quality” within the meaning of § 2 (a) of the Robinson-Patman Act. The conclusion that a product that travels at a premium in the marketplace is of “like grade and quality” with products of inferior commercial value is not required by the language of the Robinson-Patman Act, by its logic, or by its legislative history.
It is undisputed that the physical attributes and chemical constituents of Borden’s premium and private label…
2Cases cited12 opinions
- Federal Trade Commission v. Morton Salt Co.Supreme Court of the United States · 1948
- Federal Trade Commission v. Anheuser-Busch, Inc.Supreme Court of the United States · 1960
- Automatic Canteen Co. of America v. Federal Trade CommissionSupreme Court of the United States · 1953
- American Can Co. v. Bruce's Juices, Inc.Court of Appeals for the Fifth Circuit · 1951
- Porto Rican American Tobacco Co. of Porto Rico v. American Tobacco Co.Court of Appeals for the Second Circuit · 1929
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