An Act to amend the Federal Trade Commission Act with respect to certain contracts sand agreements which establish minimum resale prices and which are extended by State law to non-signers
PL 82-542 (H.R.5767), enacted 07/14/1952

66 S T A T . ] 
PUBLIC LAW 542~JULY 14, 1952 
39 U S C 
n o t e . 
8 8 8 
63 Stat. 954. 
5 u s e 1071 note. 
annual automatic increase in compensation under the Act of July 6, 
1945 (Public Law 134, Seventy-ninth Congress, as amended and sup- 
59 stau 435. 
plemented, or to a longevity increase in compensation under the Act 851-876. 
of May 3, 1950 (Public Law 500, Eighty-first Congress), shall be 
64 stat. 101. 
granted such increase in his rate of basic compensation, and his rate 
of basic compensation as an employee in a position under the Classifi-
cation Act of 1949, as amended, shall, as of such date, be adjusted as 
follows: 
(A) In the case of an employee whose rate of basic compensation 
prior to such transfer was in excess of the maximum scheduled rate of 
the grade in which his position has been classified under the Classifi-
cation Act of 1949, as amended, the increase in compensation granted 
by this section shall be added to such rate of basic compensation, 
(B) In the case of an employee whose rate of basic compensation 
prior to such transfer was less than the maximum scheduled rate of 
the grade in which his position has been classified under the Classifi-
cation Act of 1949, as amended, the increase in compensation granted 
by this section shall be considered as part of the rate of basic compen-
sation of such employee for the purpose of determining the rate of 
basic compensation to be established for such employee in accordance 
with the grade in which his position has been so classified. 
SEC. 2. The rate of basic compensation of any employee transferred 
from the field service of the Post Office Department to the General 
Services Administration pursuant to Reorganization Plan Numbered 
18 shall not be reduced by reason of the subsequent reassignment or 
transfer of such employee to another position in the same or equiv-
alent rate of pay or grade of the Classification Act of 1949, as amended. 
The rate of basic compensation of any such employee which has been 
reduced for such reason prior to the date of enactment of this Act 
shall be restored, as of the date of such reduction in rate, to the rate 
which such employee was receiving immediately prior to such reduc-
tion, plus any increase in rate of basic compensation to which such 
employee may be entitled under the first section of this Act. 
SEC. 3. No retroactive compensation shall be payable by reason of the 
enactment of this Act in the case of any individual not occupying a 
position under the Classification Act of 1949, as amended, on the 
date of enactment of this Act, except that such retroactive compensa-
tion shall be paid, if otherwise due under this Act, (1) to an individual 
on furlough without pay, for services rendered during the period 
beginning July 1,1950, and ending with the day immediately preced-
ing the date on which such furlough commenced, (2) to a retired 
employee for services rendered during the period beginning July 1, 
1950, and ending with the date of his retirement, and (3) in accord-
ance with Public Law 636, Eighty-first Congress, for services rendered 
during the period beginning July 1, 1950, and ending with the date 
of death. 
Approved July 14, 1952. 
Retroactive pay. 
64 Stat. 395. 
5 u s e 6 lf-6 Ik. 
Public Law 542 
CHAPTER 745 
AN ACT 
To amend the Federal Trade Commission Act with respect to certain contracts 
and agreements which establish minimum or stipulated resale prices and which 
are extended by State law to persons who are not parties to such contracts and 
agreements, and for certain other purposes. 
July 14, 1952 
[H. R. 5767] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress a^sembled^ That it is the purpose la^gf * ^ fair-trade 
632 
PUBLIC LAW 542-JULY 14, 1952 
[66 S T A T . 
of this Act to protect the rights of States under the United States 
Constitution to regulate their internal affairs and more particularly to 
enact statutes and laws, and to adopt policies, which authorize con-
tracts and agreements prescribing minimum or stipulated prices for 
the resale of commodities and to extend the minimum or stipulated 
prices prescribed by such contracts and agreements to persons who are 
•: • 
not parties thereto. It is the further purpose of this Act to permit 
such statutes, laws, and public policies to apply to commodities, con-
tracts, agreements, and activities in or affecting interstate or foreign 
commerce. 
Federal Trdde 
SEC. 2. Sectiou 5 (a) of the Federal Trade Commission Act, as 
Cotntnission A c t , 
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amendment. 
amended, IS hereby amended to read as follows: 
if u*sc 4V.^' 
"SEC. 5. (a) (1) Unfair methods of competition in commerce, and 
unfair or deceptive acts or practices in commerce, are hereby declared 
unlawful. 
"(2) Nothing contained in this Act or in any of the Antitrust Acts 
shall render unlawful any contracts or agreements prescribing mini-
mum or stipulated prices, or requiring a vendee to enter into contracts 
or agreements prescribing minimum or stipulated prices, for the resale 
of a commodity which bears, or the label or container of which bears, 
the trade-mark, brand, or name of the producer or distributor of such 
commodity and which is in free and open competition with commodi-
ties of the same general class produced or distributed by others, when 
contracts or agreements of that description are lawful as applied to 
intrastate transactions under any statute, law, or public policy now or 
hereafter in effect in any State, Territory, or the District of Columbia 
in which such resale is to be made, or to which the commodity is to 
be transported for such resale. 
" (3) Nothing contained in this Act or in any of the Antitrust Acts 
shall render unlawful the exercise or the enforcement of any right or 
right of action created by any statute, law, or public policy now or 
hereafter in effect in any State, Territory, or the District of Columbia, 
which in substance provides that willfully and knowingly advertising, 
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offering for sale, or selling any commodity at less than the price or 
prices prescribed in such contracts or agreements whether the person 
so advertising, offering for sale, or selling is or is not a party to such 
a contract or agreement, is unfair competition and is actionable at the 
suit of any person damaged thereby. 
"(4) Neither the making of contracts or agreements as described in 
paragraph (2) of this subsection, nor the exercise or enforcement of 
any right or right of action as described in paragraph (3) of this 
subsection shall constitute an unlawful burden or restraint upon, or 
interference with, commerce. 
\ 
. 
"(5) Nothing contained in paragraph (2) of this subsection shall 
make lawful contracts or agreements providing for the establishment 
or maintenance of minimum or stipulated resale prices on any com-
modity referred to in paragraph (2) of this subsection, l)etween 
manufacturers, or between producers, or between wholesalers, or 
between brokers, or between factors, or between retailers, or between 
persons, firms, or corporations in competition with each other. 
"(6) The Commission is hereby empowered and directed to prevent 
persons, partnerships, or corporations, except banks, common carriers 
subject to the Acts to regulate commerce, air carriers and foreign air 
49 use 68 f' 
carriers subject to the Civil Aeronautics Act of 1938, and persons, 
partnerships, or corporations subject to the Packers and Stockyards 
42 Stat. 159,169. Act, 1921, cxcept as provided in section 406 (b) of said Act, from using 
7 use 181,227. ^jjjfair methods of competition in commerce and unfair or deceptive 
acts or practices in commerce." 
Approved July 14, 1952.