RESPONDENT: Federal Trade Commission
LOCATION: Harrah High School
DOCKET NO.: 77-654
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Second Circuit
CITATION: 440 US 69 (1979)
ARGUED: Dec 04, 1978
DECIDED: Feb 22, 1979
Denis McInerney - for petitioner
Frank H. Easterbrook - for respondent
Facts of the case
Media for Great Atlantic & Pacific Tea Company, Inc. v. Federal Trade Commission
Audio Transcription for Opinion Announcement - February 22, 1979 in Great Atlantic & Pacific Tea Company, Inc. v. Federal Trade Commission
William J. Brennan, Jr.:
The opinions for the Court in 77-657, Great Atlantic and Pacific Tea Company versus Federal Trade Commission and 78 Original, California v. Arizona, will be announced by Mr. Justice Stewart.
The first of these cases, Great Atlantic and Pacific Tea Company, Petitioner, against the Federal Trade Commission is here by reason of the grant of a writ of certiorari to the United States Court of Appeals for the Second Circuit.
The question presented is whether the petitioner, the Great Atlantic and Pacific Tea Company violated Section 2 (f) of the Robinson-Patman Act as amended by knowingly inducing or receiving illegal price discriminations from the Borden Company.
The Federal Trade Commission found that there had been such a violation and the Court of Appeals affirmed this finding.
For the reasons set out in the Court's written opinion, filed with the clerk this morning, the judgment of the Court of Appeals is reversed.
Mr. Justice White has filed an opinion dissenting in part and so as Mr. Justice Marshall.