Welcome to You Ask Andy

Nick Bradley, Jr., age 16, of Dodge City, Kan., for his question:

WHAT WERE THE FAIR TRADE LAWS?

Fair trade laws in commerce was the legislation permitting manufacturers to set minimum resale prices for their branded products sold by retailers to consumers. In December 1975, President Gerald Ford signed into law an act repealing all fair trade laws.

Although the proliferation of chain stores prompted attempts to introduce fair trade legislation in the 1920s in order to prevent the price cutting policies characteristic of the chains, passage of regulatory state laws did not occur until California led the way in 1931. By the 1940s all but three states had enacted statutes governing intrastate transactions.

Although the Sherman Antitrust Act prohibited price fixing in interstate commerce, it was amended by the Miller Tydings Act of 1937 which permitted price fixing nationally on nationally on trademarked commodities.

A ruling of the United States Supreme Court in 1951 released all merchants who had not signed such contracts from the requirements of this act. Although subsequent Supreme Court ruling upheld price fixing, the laws were challenged in state courts and enforcement became increasingly difficult. Then in 1975 all such laws were removed from the books.

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