1952 McGuire-Keogh Fair Trade Enabling Act
The 1952 McGuire-Keogh Fair Trade Enabling Act was a bill introduced in the United States Congress on April 22, 1952. The bill was introduced by Senator John J. McKeogh and Congressman John R. McGuire, and was a response to the Supreme Court ruling in FTC v. United States that invalidated the Miller-Tydings Act of 1937. The Act sought to re-establish the ability of states to regulate fair trade agreements between manufacturers and retailers. The Act granted state governments the power to enforce “fair trade” contracts where manufacturers and retailers could agree on a minimum price for goods and services. It also allowed states to pass laws that would prevent manufacturers from selling below a specified minimum price. The Act was designed to protect small businesses from being undercut by large companies with greater bargaining power. The Act proved to be controversial and was eventually overturned by the Supreme Court in 1967. The Court found that the Act violated the Commerce Clause of the Constitution, which prevented states from regulating interstate commerce. Despite being overturned, the 1952 McGuire-Keogh Fair Trade Enabling Act had a lasting impact on the way agreements between manufacturers and retailers are regulated. It also served as a model for other states that sought to pass fair trade laws.
- The Act granted state governments the power to enforce “fair trade” contracts.
- It allowed states to pass laws that would prevent manufacturers from selling below a specified minimum price.
- The Act was eventually overturned by the Supreme Court in 1967.
- The 1952 McGuire-Keogh Fair Trade Enabling Act had a lasting impact on the way agreements between manufacturers and retailers are regulated.
The 1952 McGuire-Keogh Fair Trade Enabling Act was an important piece of legislation that had a lasting impact on the regulation of agreements between manufacturers and retailers. It established a precedent for other states that sought to pass fair trade laws, and provided an example of how states could regulate interstate commerce.Links: