Quimbee logo
DMCA.com Protection Status
From our private database of 16,600+ case briefs...

Federal Trade Commission v. Cement Institute

United States Supreme Court
333 U.S. 683 (1948)


The Federal Trade Commission (FTC) (defendant) opened an investigation into the pricing practices of the 74 corporate members of the Cement Institute (Cement) (plaintiff), a cement industry trade association. The FTC found that the companies’ prices over a series of years, even in sealed bids, were consistently identical, down to a fraction of a penny. Cement argued that cement was a standard product with no available modifications. Further, Cement argued that there was significant price competition in the industry. Thus, according to Cement, the lack of price differences among companies was not surprising, and, without more, is not evidence of price-fixing. Finally, Cement argued that the FTC had prejudged the outcome in the complaint, based on reports the FTC had filed with the president and Congress. In those reports, the FTC opined that the cement industry’s pricing practices were illegal. Consequently, Cement asked the FTC to disqualify itself from consideration of the complaint. The FTC declined and found that the companies had engaged in an elaborate price-fixing scheme, in violation of federal antitrust law. The FTC issued a cease-and-desist order. Cement filed suit appealing the order, and the court of appeals reversed. The United States Supreme Court granted certiorari.

Rule of Law


Holding and Reasoning (Black, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 427,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,600 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial