A bill to amend the Federal Trade Commission Act (15 U.S.C. 44,45) to provide that under certain circumstances exclusive territorial arrangements shall not be deemed per se unlawful.

[AI summary unavailable — showing source text] Provides, under the Federal Trade Commission Act, that nothing in that Act or in any of the antitrust Acts shall render unlawful per se the inclusion and enforcement in any trademark licensing agreement, pursuant to which the licensee engages in the manufacture distribution, and sale of a trademarked soft drink product, of provisions granting the licensee the exclusive right to manufacture, distribute, and sell such product in a defined geographic area or limiting the licensee, directly or indirectly, to the manufacture, distribution, and sale of such product only for ultimate resale to consumers within a defined geographic area. Stipulates that nothing contained in this Act shall prevent or impair the application of the Federal Trade Commission Act or any of the antitrust Acts to such provisions on other than a per se basis. States that a determination of the legality of such provisions shall take into account all relevant factors, including: (1) the number of brands, types, and flavors of competing products available in the licensee's territory from which consumers can choose; and (2) the persistence or absence of long-run monopoly profit.…