United States Supreme Court Cases & Opinions

U.S. Supreme Court

FTC v. Eastman Kodak Co., 274 U.S. 619 (1927)

FTC v. Eastman Kodak Company

No. 215

Argued March 10, 11, 1927

Decided May 31, 1927

274 U.S. 619

Syllabus

1. The Federal Trade Commission can exercise only the administrative functions delegated to it by statute, not judicial power, and the circuit court of appeals, on a petition for review, may not sustain or award relief beyond the authority of the Commission. P. 274 U. S. 623.

2. The Commission has no authority, under § 5 of the Federal Trade Commission Act, to require a corporation to divest itself of physical property which it acquired prior to any action by the Commission, even though the acquisition and retention of the property were part of, or a step in, an unfair method of competition. P. 274 U. S. 624.

7 F.2d 994 affirmed.

Certiorari (269 U.S. 546) to a decree of the circuit court of appeals which set aside in part an order of the Federal Trade Commission in a proceeding under § 5 of the Federal Trade Commission Act against the Eastman Kodak Company, the Allied Laboratories Association, and other parties. The order required them to desist from acts held by the Commission to constitute unfair methods of competition in the manufacture and sale of positive cinematograph films in interstate and foreign commerce. The decree below set it aside insofar as it required the Eastman Company to sell certain laboratories.

Page 274 U. S. 620