Federal Register - August 1, 1939
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Source: Federal Register
3488
FEDERAL REGISTER, Tuesday, August 1, 1939
3.33 a 10 Cutting off competitors suppliesMisrepresenting competitive supply sources: 3.76 Opposing, un fairly or deceptively, government fos tered distributive mechanisms and pro grams. Making or causing to be made, in any form or manner, in connection with purchase, receipt, sale or distribu tion of milk in any form in interstate commerce or in District of Columbia, and on the part of respondent corpora tion, its successors, etc., and respondent individuals, officers thereof, acting indi vidually, or through or by means of said corporation, or any other dealer or dis tributor of milk or milk products, or any group, association or combination of dealers or distributors, or any other agency, any falsely disparaging words or statements concerning or referring to the Metropolitan Cooperative Milk Pro ducers Bargaining Agency, Inc., or any milk producers cooperative bargaining organization or agency, authorized by law, its purposes, objectives, its mem bers, or the character of its represent atives or membership, prohibited. Sec.
5, 38 Stat. 719, as amended by Sec. 3, 52 Stat. 112; 15 UJS.C., Supp. IV, sec.
45b Cease and desist order, Gold Medal Farms, Inc., et al., Docket 3380, July 21, 1939; Commissioner Davis dis senting 3.24 d 10 Coercing and intimidat ingSuppliers and sellers: 3.33 e Cutting off competitors supplies Threatening withdrawal of patronage:
3.76 Opposing, unfairly or deceptively, government fostered distributive mech anisms and programs. Controlling, dominating or interfering, in connec tion with purchase, receipt, sale or dis tribution of milk in any form in inter state commerce or in District of Colum bia, and on the part of respondent cor poration, its successors, etc., and re spondent individuals, officers thereof, acting individually, or through or by means of said corporation, or any other dealer or distributor of milk or milk products, or any group, asociation or combination of dealers or distributors, or any other agency, or attempting to control, dominate or interfere with, in any form, manner or method whatso ever, the organization, management, control or operation of the Washington and Rensselaer Counties Producers CoOperative Association, Inc., or any other milk producers cooperative association or agency, authorized by law, with the purpose, intent or result of preventing the producer members, officers, or direc tors of such a cooperative from exer cising their free and unimpeded judg ment as to its organization, management, control or operation, prohibited. Sec.
5, 38 Stat. 719, as amended by Sec. 3, 52 Stat. 112; 15 U.S.C., Supp. IV, sec.
45b Cease and desist order, Gold Medal Farms, Inc., et al., Docket 3380, July 21, 1939; Commissioner Davis dis senting
United States of AmericaBefore Federal Trade Commission At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 21st day of July, A. D. 1939.
Commissioners: Robert E. Freer, Chairman; Garland S. Ferguson, Charles H. March, Ewin L. Davis, William A.
Ayres.
In
th e M atter of G old M edal F arms , I n c ., a C orporation , J o se ph F romm , P aul S t e f f in , I ndividuals
ORDER TO CEASE AND DESIST
This proceeding having been heard 1
by the Federal Trade Commission upon the complaint of the Commission, the answers of respondents, testimony and other evidence taken before Jojan W. Ad dison, an examiner of the Commission, theretofore duly designated by it, in sup port of the allegations of said complaint and in opposition thereto, briefs filed herein, and oral arguments by Fletcher G. Cohn, counsel for the Commission, and by Harold S. Fleischer, counsel for the respondents, and the Commission having made its findings as to the facts and its conclusion th at said respondents have violated the provisions of the Fed eral Trade Commission Act;
It is ordered, That respondent Gold Medal Farms, Inc., its successors or as signs, officers, representatives, agents and employees, and respondents Joseph Fromm and Paul Steffin, acting indi vidually or through or by means of re spondent Gold Medal Farms, Inc., or through or by means of any other dealer or distributor of milk or milk products, or through or by means of any group, association or combination of dealers or distributors, or any other agency, in con nection with the purchase, receipt, sale or distribution of milk in any form in interstate commerce or in the District of Columbia, do forthwith cease and de sist from doing directly or indirectly the following acts and things:
1 Deceiving, coercing or intimidat ing in any manner or by any means or methods, any milk producer or producers from whom any of the respondents pur chase or receive, or may hereafter pur chase or receive, milk in any form what soever, for the purpose, or with the in tent, or with the result, of preventing said producer or producers from as sisting in organizing, or from forming, joining, or becoming a member of, or af filiated with, any milk producers cooper ative association;
2 Deceiving, coercing, or intimidat ing, in any manner or by any means or method, any milk producer or producers from whom any of the respondents pur chase or receive, or may hereafter pur chase or receive, milk in any form what3 F.R. 1421 DL
soever for the purpose, or with the intent, or with the result, of causing said producer or producers to assist in organ izing, or in forming, joining, or becom ing a member of or affiliated with, any milk producers cooperative association;
3 Threatening reprisals in any manner or form against any milk pro ducer or producers from whom any of the respondents purchase or receive, or may hereafter purchase or receive, milk in any form whatsoever, as a penalty for, or as a result of, any attempt by said producer or producers to assist in organizing or forming any milk pro ducers cooperative association, or, as a penalty for, or as a result of any such producer or producers joining or becom ing a member of, or affiliated with, any such association, or as a penalty for, or as a result of, the failure of any such producer or producers to assist in or ganizing, or forming any such associa tion, or as a penalty for, or as a result of, his or their failing to join or failing to become a member of, or failing to be come affiliated with, any such associa tion;
4 Interfering by means of deception, coercion, or intimidation, in any manner or form, with the free and unimpeded exercise of choice by any milk producer or producers from whom any of the re spondents purchase or receive, or may hereafter purchase or receive, milk in any form whatsoever, in the determina tion by said producer or producers as to whether said producer or producers shall or should form, organize, join or become affiliated with any producers co operative association;
5 Interfering by means of decep tion, coercion, or intimidation, in any form or manner, with the free and un impeded exercise of choice by any milk producers cooperative association in its determination of whether or not such milk producers cooperative association shall or should join or become affiliated, in any manner or form, with the Metro politan Cooperative Producers Bargain ing Agency, Inc., or any milk producers cooperative bargaining organization or agency, authorized by law;
6 Making, or causing to be made, in any form or manner, any falsely dis paraging words or statements concern ing or referring to the Metropolitan Co operative Milk Producers Bargaining Agency, Inc., or any milk producers cooperative bargaining organization or agency, authorized by law, its purposes, objectives, its members, or the charac ter of its representatives or membership;
7 Controlling, dominating, interfer ing, or attempting to control, dominate, or interfere with, in any form, manner or method whatsoever, the organization, management, control, or operation of the Washington and Rensselaer Counties Producers Cooperative Association, Inc., or any other milk producers cooperative association or agency, authorized by law,