A bill to amend the Federal Trade Commission Act to provide that exclusive territorial arrangements used in the distribution or sale of a trademarked soft drink product or a trademarked private label food product shall not be deemed unlawful per se.

Summary

Prohibits, under the Federal Trade Commission Act, the application of a per se rule of illegality under the antitrust laws, in the case of territorial market allocation agreements made as part of a licensing agreement (1) for the manufacture, distribution and sale of a trademarked soft drink product; or (2) for the distribution or sale of a trademarked private label food product. Allows the Commission, or any court, in any action alleging that any of the above provisions violates this Act or any of the antitrust Acts, to apply such Acts on any basis other than a per se basis. Stipulates that nothing in this Act shall be construed to prohibit the Commission or any court from applying any antitrust Act on a per se basis to any violations other than those described above. Directs the Commission to submit a report on the effects of such exclusive territorial and customer arrangements. Defines the term "trademarked private label food product" for purposes of this Act.

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1 official file

• Introduced in House

  summary · EN · 19 January 1977

  Open at official source

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