UNITED STATES SUPREME COURT DECISIONS ON-LINE

MOOG INDUSTRIES, INC. V. FTC, 355 U. S. 411 (1958)

355 U. S. 411

U.S. Supreme Court

Moog Industries, Inc. v. FTC, 355 U.S. 411 (1958)

Moog Industries, Inc. v. Federal Trade Commission

No. 77

Argued January 14, 1958

Decided January 27,1958*

355 U.S. 411

Syllabus

The question whether a valid order of the Federal Trade Commission, directing one firm to cease and desist from engaging in illegal price discrimination in violation of § 2 of the Clayton Act, should go into effect before competing firms are similarly restrained is for determination by the Commission; it should be considered by a reviewing court only if raised before the Commission; and a determination of it by the Commission should not be overturned in the absence of a patent abuse of discretion. Pp. 355 U. S. 411-414.

238 F.2d 43 affirmed. 241 F.2d 37, judgment vacated and cause remanded.


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