From our private database of 13,300+ case briefs...
National Petroleum Refiners Assn. v. Federal Trade Commission
United States Court of Appeals for the District of Columbia
482 F.2d 672 (D.C. Cir. 1973), cert. denied, 415 U.S. 951 (1974)
The Federal Trade Commission (FTC) (defendant) decided to make a rule declaring that the failure to post octane rating numbers on gasoline pumps at service stations was an unfair method of competition and an unfair or deceptive act or practice. Two trade associations and 34 gasoline refining companies (plaintiffs) brought suit to challenge the FTC’s authority to make substantive rules of business conduct, termed by the FTC “Trade Regulation Rules”, under the Trade Commission Act (Act). Section 5 of the Act empowers the FTC to prevent unfair methods of competition by means of an issuance of a complaint, hearing, findings as to fact, and issuance of a cease and desist order. Section 6(g) provides that the FTC may make “rules and regulations for the purposes of carrying out the provisions of [Section 5].” Plaintiffs argued that since Section 5 mentions only adjudication as the means of enforcement, rulemaking is contrary to the legislative design. The district court agreed. Plaintiffs appealed.
Rule of Law
Holding and Reasoning (Skelly Wright, J.)
What to do next…
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.
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 140,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 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.