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Tuesday, J a n u a ry 27, 1959
edPayment or acceptance of commis sion brokerage, or other compensation under 2ci: 13.820 Direct buyers.
Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or applies sec. 2, 38 Stat. 730, as amended;
15 U.S.C. 13 Cease and desist order, Barbey Packing Corporation et al., Astoria, Oreg Docket 7203, Dec. 11, 1958 .

In the Matter of Barbey Packing Corpo ration, a Corporation, and Graham J.
Barbey, and Henry J. Barbey, as Indi viduals and as Officers of Said Corpo ration This proceeding was heard by a hear ing examiner on the complaint of the Commission charging packers of salmon and other sea food in Astoria, Oregon, with violating the brokerage section of the Clayton Act by reducing their selling prices to direct buyers in the approxi mate amount of commissions which would have been paid to brokers.
After acceptance of an agreement con taining consent order, the hearing exam iner made his initial decision and order to cease and desist which became on De cember 11, 1958, the decision of the Commission. "V.K, The order to cease and desist is as follows:
It is ordered, That Barbey Packing Corporation, a corporation, and its Offi cers, and Graham J. Barbey and Henry J. Barbey, individually and as officers of said respondent corporation, and re-, spondénts agents, representatives or employees, directly or through any cor porate or other device, in connection with the sale of seafood products in com merce, as commerce is defined in the aforesaid Clayton Act, do forthwith cease and desist from:
Paying, granting, or allowing, directly or indirectly, to any buyer, or to anyoneacting for or in behalf of, or who is sub ject to the direct or indirect control of such buyer, anything of value as a com mission, brokerage, or other compensa tion, or any allowance or discount in lieu tnereof, upon or in connection with any saie of seafood products to such buyer for his own account.
vpn4.fc on Commission, etc., lowsf compliance was required as folPXZ, ered That respondents Bari 0Kog Corporation, a corporation, a 2 TmuSi ? arbey and Henry JBarb Porat 1nldU?
S11and as officers said di c poiation, shall, within sixtyof60
m w i t h UP0n them of this orti ine 2 nfhe 9 ommission a report in wi Sfd fn1? 2 % in detail the mam f f h f e S W?lch they have comp with the order to cease and desist.
Issued: December 11, 1958.
. By the Commission, seal
R obert M. P arrish ,
Secretary hc. 59-672; Plied, Jan. 26, 19
8:45 a.m.j
FEDERAL REGISTER
Docket 7210

579

commission, brokerage, or other compen sation, or any allowance or discount in lieu thereof, upon or in connection with any sale of seafood products to such buyer for his own account.
Point Adams Packing Co. et al.
2.
Making or contracting to make, to SubpartDiscriminating in price un or for the benefit of any customer, any der section 2, Clayton Act, as amended payment of anything of value as com Payment or acceptance of commission, pensation or in consideration for any brokerage, or other compensation under advertising or promotional allowances, 2 c : 13.817 Cutting primary broker or other services or facilities furnished age; 13.822 Lowered price to buyers; by or through such customer, in connec Discriminating in price under section 2, tion With the handling, offering for Clayton Act, as amended1Payment for resale, or resale of seafood products sold services or facilities for processing or to him by respondents, unless such pay sale under 2 d : 13.824 Advertising ex ment is affirmatively offered or otherwise pensee.
made available on proportionally equal Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret terms to all other customers competing or apply sec. 2, 38 Stat. 730, as amended; 15 in the distribution or resale of such sea U.S.C. 13 Cease and desist order, Point food products.
Adams Packing Co. Hammond, Ore. et al., I t is further ordered, That Truben Docket 7210,JDec. 5, 1958
bach &Scheffold, Inc., a corporation, and In the M atter of Point Adams Packing its officers, and Edward H. Trubenbach Co., a Corporation, and Charles L. and Joseph W. Scheffold, individually Rogers, Sr., Individually and as an and as officers of said corporation, and Officer of Point Adams Packing Co.; respondents agents, representatives, or Trubenbach & Scheffold, Inc., a Cor employees, directly or through any cor poration; and Eduxtrd H. Trubenbach porate or other device in connection with and Joseph W. Scheffold, Individually the sale of seafood or other food prod and as Officers of Trubenbach & ucts in commerce, as commerce is de Scheffold, Inc.
fined in the aforesaid Clayton Act, do This proceeding was heard by a hear forthwith cease and desist from :
Paying, granting, or passing on, either ing examiner on the complaint of the Commission charging a canner of sea directly or indirectly to any buyer, or to foods in Hammond, Oreg., and a broker anyone acting for or in behalf of or who in New York City, with violating the is subject to the direct or indirect con brokerage section of the Clayton Act trol of such buyer, all or any part of by reducing the net price to certain brokerage earned or received by respond buyers by reduction of brokerage, by ents on sales made for their packerpassing on payments out of brokerage principals, by allowing to buyers lower as rebates for part of advertising or pro prices which reflect all or any part of motional allowances, and by passing on such brokerage, or by granting them a part of the brokerage by agreement promotional, advertising, or other al between the seller and broker to share lowances or rebates out of said earned one-half of price reductions granted in brokerage, or as payment in lieu of the form of promotional allowances; and brokerage, or by any other method or with violating sec. 2d of the Act by means.
making special advertising allowances to By Decision of the Commission, etc., certain favored customers but not to report of compliance was required as their competitors.
After acceptance of an agreement follows:
containing consent order, the hearing ex It is further ordered, That the respon aminer made .his initial decision and dents, Point Adams Packing Co., a cor order to cease and desist which became on December5 the decision of the poration, and Charles L. Rogers, Sr., individually and as an officer of said cor Commission.
The order to cease and desist is as poration, and Trubenbach & Scheffold, Inc., a corporation, and Edward H. Tru follows:
benbach and Joseph W. Scheffold, indi I t is ordered, That Point Adams Pack vidually and as officers thereof, shall, ing Co., a corporation, and its officers, and Charles L. Rogers, Sr., individually within sixty 60 days after service upon and as an officer of said corporation, and them of this decision, file with the Com respondents agents, representatives, or mission a report, in writing, setting forth employees, directly or through any cor in detail the manner and form in which porate or other device in connection they have complied with the order con with the sale of seafood products in com tained in the aforesaid initial decision.
merce, as commerce is defined in the Issued: December 5,1958.
aforesaid Clayton Act, do forthwith cease and desist from:
By the Commission.
1.
Paying, granting, or allowing, di seal R obert M. P arrish , rectly or indirectly to any buyer, oranyone acting for or in behalf of, or who is subject to the direct or indirect control F.R. Doc. 59-671; Filed, Jan. 26, 1959;
of such buyer, anything of value as a 8:45 a.m. .
PART 13 DIGEST OF CEASE AND
DESIST ORDERS