Federal Trade Commission v. Morton Salt Co. (334 U.S. 37)
U.S. Supreme Court · decided May 3, 1948 · Supreme Court Database (Spaeth)
- Citation
- 334 U.S. 37 · 68 S. Ct. 822
- Docket
- No. 464
- Argued
- March 10, 1948
- Decided
- May 3, 1948
- Term
- October Term 1947
- Vote
- 7–2
- Majority author
- Justice Black
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice Douglas, Justice Reed, Justice Black (wrote), Justice Rutledge, Justice Murphy
- Dissenting
- Justice R. H. Jackson (wrote), Justice Frankfurter
Opinion excerpt
Mr. Justice Black delivered the opinion of the Court. The Federal Trade Commission, after a hearing, found that the respondent, which manufactures and sells table salt in interstate commerce, had discriminated in price between different purchasers of like grades and qualities, and concluded that such discriminations were in violation of § 2 of the Clayton Act, 38 Stat. 730, as amended by the Robinson-Patman Act, 49 Stat. 1526,15 U. S. C. § 13. It accordingly issued a cease and desist order. 39 F. T. C. 35. Upon petition of the respondent the Circuit Court of Appeals, with one judge dissenting, set aside the Commission’s findings and order, directed the Commission to dismiss its complaint against respondent, and denied a cross petition of the Commission for enforcement of its order. 162 F. 2d 949. The Court’s judgment rested on its construction of the Act, its holding that crucial findings of the Commission were either not supported by evidence or were contrary to the evidence, and its conclusion that the Commission’s order was too broad. Since questions of importance in the construction and administration of the Act were presented, we granted certiorari. 332 U. S. 850. Disposition of these questions requires only a brief narration of the facts. Respondent manufactures several different brands of table salt and sells them directly to (1) wholesalers or jobbers, who in turn…
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