Federal Register - November 28, 1941
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Fuente: Federal Register
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VOLUME 6
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1934 y
NUMBER 231
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Washington, Friday, November 28, 1941
Rules, Regulations, Orders TITLE 16COMMERCIAL PRACTICES
CHAPTER IFEDERAL TRADE
COMMISSION
Docket No. 3751
P art 3Digest
op Cease Orders
and
D esist
in the matter of the wholesale dry GOODS INSTITUTE, IN C ., ET AL.
3.24 e Coercing and intim idat ingSuppliers of competitorsBy boy cotting and threats of: 3.27 f Combining or conspiringTo lim it dis tribution to regular or established chan nels: 3.33 e Cutting off com petitors suppliesThreatening withdrawal of pa tronage. Following a common course of action pursuant to or in connection with any mutual understanding, agreement, combination, or conspiracy, for the pur pose and with the effect, directly or in directly, of establishing or seeking to establish respondents, or any of them, as a preferred class of buyers, or of induc ing, coercing, or restraining manufac turers or their agents in the determina tion of their sales and pricing policies or the selection of their customers, or otherwise hindering, restraining, or less ening competition in the sale and dis tribution of dry goodsnotions, or other merchandise in commerce, 1 by pre paring, maintaining, and circulating any list of buyers considered or recognized by respondents as wholesalers, or any similar list of preferred buyers; 2 by preparing, maintaining, and circulating any list of manufacturers or their agents classified or rated in a manner which designates those whose sales policies are considered satisfactory to respondents and those whose sales policies are less satisfactory or not satisfactory to re spondents; 3 by ceasing or threatening to cease to deal, or dealing or threaten ing to deal less extensively than other wise, with any manufacturer or his agents on the ground or for the reason that such manufacturer sells to buyers not considered or recognized by respond
ents as wholesalers, or sells to retail ers, or does not grant a more favorable price to respondents and others con sidered or recognized by them as whole salers than to other buyers; 4 by ad vocating and urging said common course of action outlined in part 3 hereof in publications or letters, at meetings of respondents or groups or committees of respondents, or in any other manner;
and 5 by making threats, express or implied, to any manufacturer or his agents for the purpose or with the effect of inducing, persuading, constraining, or coercing such manufacturer or his agents to refuse to sell, cease selling, or charge a higher price, to any buyer or prospective buyer; on the part of re spondent Institute, its officers, etc., its members, etc., or any group of such re spondents, their agents, etc., either with or without the cooperation of others not parties hereto; prohibited. Sec. 5, 38
Stat. 719, as amended by sec. 3, 52 Stat.
112; 15 U.S.C., Sup. IV, sec. 45b The Wholesale Dry Goods Institute, Inc., et al., Docket 3751, November 24, 19411
At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 24th day of November, A. D. 1941.
This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the an swers of certain respondents, testimony and other evidence in support of the al legations of said complaint and in oppo sition thereto taken before an examiner of the Commission theretofore duly designated by it, report of the trial ex aminer and exceptions thereto, briefs in support of the complaint and in oppo sition thereto, renewed motion to reverse the rulings of the trial examiners on evidence and supplement to said motion, and oral arguments of counsel, and the Commission having made its findings as to the facts and its conclusion that said respondents have violated the provisions of the Federal Trade Commission Act:
It is ordered, That respondent The Wholesale Dry Goods Institute, Inc., a membership corporation, its officers and directors, individually and as such offl-
CONTENTS
RULES, REGULATIONS, ORDERS
T itle 16Commercial P ractices:
Federal Trade Commission:
Page Wholesale Dry Goods Insti tute, Inc., cease and desist order__________________ 6067
T itle 17Commodity and S ecu rities E xchanges:
Commodity Exchange Adminis tration:
Contract-market members to report uncleared transac tions on designated form_ 6068
T itle 22F oreign R elations:
Department of State:
Control of persons entering and leaving the United States; American citizens and nationals_________ - 6069
T itle 30Mineral R esources:
Bituminous Coal Division:
Minimum price schedules, re lief orders, etc.:
District No. 2------------------- 6071
District No. 4____________ 6072
District No. 7------------------- 6075
District No. 9------------------- 6075
District No. 10------------------ 6076
District No. 14 4 docu m ents__________ 6077-6081
T itle 32National D efense :
Office of Price Administration:
Price schedules, amendments, etc.:
Douglas fir doors--------------- 6084
Paperboard sold east of Rocky M ountains------- 6087
Office of Production Manage ment:
Electric power, curtailment in southeastern area 3 doc uments ______________ - 6083
Vacuum cleaners, restriction of production__________ 6083
T itle 47T elecommunication:
Federal Communications Com mission:
Broadcasts by candidates for public office__________ - 6087
Continued on next page
6067