Moog Industries v. Federal Trade Commission Federal Trade Commission v. Niehoff Co, Nos. 77 and 110

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; WHITTAKER
Citation78 S.Ct. 377,2 L.Ed.2d 370,355 U.S. 411
PartiesMOOG INDUSTRIES, Inc., Petitioner, v. FEDERAL TRADE COMMISSION. FEDERAL TRADE COMMISSION, Petitioner, v. C. E. NIEHOFF & CO
Decision Date27 January 1958
Docket NumberNos. 77 and 110

355 U.S. 411
78 S.Ct. 377
2 L.Ed.2d 370
MOOG INDUSTRIES, Inc., Petitioner,

v.

FEDERAL TRADE COMMISSION. FEDERAL TRADE COMMISSION, Petitioner, v. C. E. NIEHOFF & CO.

Nos. 77 and 110.
Argued Jan. 14, 1958.
Decided Jan. 27, 1958.
Rehearing Denied March 3 and 10, 1958.

See 355 U.S. 968, 78 S.Ct. 531;

356 U.S. 905, 78 S.Ct. 559.

Mr. Malcolm I. Frank, St. Louis, Mo., for petitioner, Moog industries.

Mr. Charles R. Sprowl, Chicago, Ill., for respondent, C. E. Niehoff & Co.

Mr. Earl W. Kintner, Washington, D.C., for Federal Trade Commission.

PER CURIAM.

The general question presented by these two cases is whether it is within the scope of the reviewing authority of a Court of Appeals to postpone the operation of a valid

Page 412

cease and desist order of the Federal Trade Commission against a single firm until similar orders have been entered against that firm's competitors. In proceedings arising out of alleged violations of the price discrimination provisions of the Clayton Act, § 2, 38 Stat. 730, as amended by the Robinson-Patman Act, 49 Stat. 1526, 15 U.S.C. § 13, 15 U.S.C.A. § 13, two Courts of Appeals reached opposed results on this underlying issue. In order to resolve the conflict we granted certiorari, 353 U.S. 908, 77 S.Ct. 665, 1 L.Ed.2d 662; 353 U.S. 982, 77 S.Ct. 1284, 1 L.Ed.2d 1141.

In No. 77, petitioner (Moog Industries, Inc.) was found by the Commission to have violated the Act and was ordered to cease and desist from further violation. 51 F.T.C. 931. Petitioner sought review in the United States Court of Appeals for the Eighth Circuit. Upon affirmance of the order, 238 F.2d 43, petitioner moved the court to hold the entry of judgment in abeyance on the ground that petitioner would suffer serious financial loss if prohibited from engaging in pricing practices open to its competitors. The court denied the requested relief.

In No. 110, respondent (C. E. Niehoff & Co.) requested the Commission to hold in abeyance the cease and desist order that had been recommended by the hearing examiner, on the ground that respondent would have to go out of business if compelled to sell at a uniform price while its competitors were not under similar restraint. The Commission found that respondent had violated the Act and, in issuing its order, denied respondent's request. 51 F.T.C. 1114, 1153. On review in the United States Court of Appeals for the Seventh Circuit, the Commission's determination of statutory violation was...

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116 practice notes
  • Snell v. Wyman, No. 67 Civ. 2676.
    • United States
    • U.S. District Court — Southern District of New York
    • February 29, 1968
    ...446 (1962); Williams v. People of State of New York, 337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949); Moog Industries, Inc. v. F. T. C., 355 U.S. 411, 413, 78 S.Ct. 377, 2 L.Ed.2d 370 (1958); Gross v. Bishop, 377 F.2d 492, 494 (8th Cir. 1967); Moss v. Hornig, 314 F.2d 89 (2d Cir. 1963); U......
  • National Petroleum Refiners Association v. FTC, No. 72-1446.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 27, 1973
    ...625-628, 93 S.Ct. 2469; FTC v. Universal-Rundle Corp., 387 U.S. 244, 87 S.Ct. 1622, 18 L.Ed.2d 749 (1967); Moog Industries, Inc. v. FTC, 355 U.S. 411, 78 S.Ct. 377, 2 L.Ed.2d 370 Such benefits are especially obvious in cases involving initiation of rules of the sort the FTC has promulgated ......
  • LG Balfour Company v. FTC, No. 17236.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 5, 1971
    ...Standard Oil Co. of California v. United States, 337 U.S. 293, 69 S.Ct. 1051, 93 L.Ed. 1371 (1949); Moog Industries Inc. v. F.T.C., 355 U.S. 411, 78 S.Ct. 377, 2 L.Ed.2d 370 (1958). Indeed, there have been no instances where an order has been set aside simply because it was directed against......
  • Chaney v. Heckler, No. 82-2321
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 17, 1984
    ...its available Page 1193 funds and personnel in such a way as to execute its policy efficiently and economically. Moog Industries v. FTC, 355 U.S. 411, 413, 78 S.Ct. 377, 379, 2 L.Ed.2d 370 (1958). See also Vaca v. Sipes, 386 U.S. 171, 179, 87 S.Ct. 903, 911, 17 L.Ed.2d 842 The majority opin......
  • Request a trial to view additional results
115 cases
  • Snell v. Wyman, No. 67 Civ. 2676.
    • United States
    • U.S. District Court — Southern District of New York
    • February 29, 1968
    ...446 (1962); Williams v. People of State of New York, 337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949); Moog Industries, Inc. v. F. T. C., 355 U.S. 411, 413, 78 S.Ct. 377, 2 L.Ed.2d 370 (1958); Gross v. Bishop, 377 F.2d 492, 494 (8th Cir. 1967); Moss v. Hornig, 314 F.2d 89 (2d Cir. 1963); U......
  • National Petroleum Refiners Association v. FTC, No. 72-1446.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 27, 1973
    ...625-628, 93 S.Ct. 2469; FTC v. Universal-Rundle Corp., 387 U.S. 244, 87 S.Ct. 1622, 18 L.Ed.2d 749 (1967); Moog Industries, Inc. v. FTC, 355 U.S. 411, 78 S.Ct. 377, 2 L.Ed.2d 370 Such benefits are especially obvious in cases involving initiation of rules of the sort the FTC has promulgated ......
  • LG Balfour Company v. FTC, No. 17236.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 5, 1971
    ...Standard Oil Co. of California v. United States, 337 U.S. 293, 69 S.Ct. 1051, 93 L.Ed. 1371 (1949); Moog Industries Inc. v. F.T.C., 355 U.S. 411, 78 S.Ct. 377, 2 L.Ed.2d 370 (1958). Indeed, there have been no instances where an order has been set aside simply because it was directed against......
  • Chaney v. Heckler, No. 82-2321
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 17, 1984
    ...its available Page 1193 funds and personnel in such a way as to execute its policy efficiently and economically. Moog Industries v. FTC, 355 U.S. 411, 413, 78 S.Ct. 377, 379, 2 L.Ed.2d 370 (1958). See also Vaca v. Sipes, 386 U.S. 171, 179, 87 S.Ct. 903, 911, 17 L.Ed.2d 842 The majority opin......
  • Request a trial to view additional results
2 books & journal articles
  • Meeting competition by price systems revisited: The Vanco decision
    • United States
    • Antitrust Bulletin Nbr. 28-4, December 1983
    • December 1, 1983
    ...on othergrounds,241E2d 37 (7th Cir.1957),vacated per curiam on othergrounds sub nom. Moog Indus., Inc. v. FTC, 355 U.S. 411; WhitakerCable Corp.,51ET.C. 958(1955),a/I'd, 239 E2d 253 (7th Cir.1956);Moog Indus., Inc.,51ET.C.931(1955),aff'd,235 E2d 43 (8th Cir.1956),aff'dper 798 The antitrust ......
  • European Union Competition Law and Policy: How Much Latitude for Convergence with the United States?
    • United States
    • Antitrust Bulletin Nbr. 48-3, September 2003
    • September 1, 2003
    ...1114 (1955), modified onother grounds andaffd,241 F.2d 37 (7th Cir. 1957), order reinstatedandaffdsub nom. Moog Indus., Inc. v. FTC, 355 U.S. 411 (1958). SeeDaniel J. Gifford, Assessing Secondary-Line Injury Under the Robinson-Patman Act: The Conceptof"Competitive Advantage," 44GEO.WASH.L.R......

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