US SUPREME COURT DECISIONS

After hearings on a complaint charging respondent with violations of the price discrimination provisions of the Clayton Act, § 2(a) as amended, the Federal Trade Commission (FTC) found that the 10% truckload discounts offered by respondent on its line of plumbing fixtures had a proscribed anticompetitive effect, since some customers who were unable to purchase in truckload quantities were in competition with customers able to take advantage of the discount. Accordingly, the Commission issued a cease and desist order prohibiting respondent from discriminating in price between competing customers. Thereafter, respondent petitioned the Commission for a stay of the order pending investigation of alleged industry-wide discount practices, claiming that enforcement against it alone would cause it substantial financial injury. The FTC denied the petition. On petition for review, the Court of Appeals set aside the denial and remanded the cause for the industry investigation sought by respondent.

Held: Since the Commission's refusal to withhold enforcement of the cease and desist order did not constitute a patent abuse of discretion, the Court of Appeals exceeded its authority by setting aside the Commission's denial of the petition for a stay. Moog Industries v. Federal Trade Commission, 355 U. S. 411 (1958), followed. Pp. 387 U. S. 249-252.

352 F. & 831, reversed and remanded. chanrobles.com-red

Page 387 U. S. 245