Voglio sapere a riguardo di…

3802

FEDERAL REGISTER, Saturday , September 2, 1939

TITLE 16COMMERCIAL PRACTICES price, directly or indirectly, by granting, paying, directly or indirectly, to any of allowing or paying, directly or indirect its customers, whether individual cus FEDERAL TRADE COMMISSION
ly, to any of respondents customers, tomers, central organizations or syndi whether individual customers, central cate heads, as said customers are Docket No. 3840
organizations or syndicate heads, as said defined in the aforesaid, findings, any I n the M atter of S im m ons C om pany customers are defined in the aforesaid cumulative or retroactive quantity dis findings, any cumulative or retroactive counts either under the aforesaid Sim 3.45 e 2 Discriminating in quantity discounts either under the mons Plan or any plan or method like price Indirect discrimination Cumu aforesaid Simmons Plan or any plan or or similar thereto making provision for lative discounts. Discriminating in method like or similar thereto making the granting, allowing or paying of cumu price, directly or indirectly, in connec provision for the granting, allowing or lative or retroactive quantity discounts.
tion with distribution and sale of re paying of cumulative or retroactive I t is further ordered, That Simmons, spondents products in commerce among quantity discounts; prohibited. Sec. 2 within sixty 60 days after the service the states and in the District of Colum a , 49 Stat. 1526; 15 U.S.C., Supp. IV, upon it of this Order, shall file with the bia, between different retailer-purchas sec. 13 a
Cease and desist order, Commission a report in writing setting ers of its products of like grade and Simmons Company, Docket 3840, August forth in detail the manner and form in quality, by granting, allowing or paying 25, 1939
which it has complied and is complying the cumulative discounts of the Simmons with this Order.
United States of America Before Plan, as set forth in Paragraph Four By the Commission.
Federal Trade Commission of the findings as to the facts, hereto seal A. N. Ross, fore granted, allowed and paid by re Acting Secretary.
A t .
a regular session of the Federal spondent Simmons,, or continuing to practice the discriminations in prices Trade Commission, held at its office in F. R. Doc. 39-3219; Filed, September 1, 1939;
12:34 p. m.
adjudged to be unlawful in the afore the City of Washington, D. C., on the said findings and conclusions and in 25th day of August, A. D. 1939.
Commissioners:
Robert . Freer, volving, among other things, as there set forth and found, a retroactive pay Chairman; Garland S. Ferguson, Charles TITLE 26IN TERN AL REVENUE
ment of discounts, on basis of aggregate H. March, Ewin L. Davis, William A.
BUREAU O F IN TE R N A L REVENUE
annual purchases beginning with Ayres.
ORDER TO CEASE AND DESIST
$50,000, in amounts ranging from 3 per T . D. 4932
cent to 5 per cent, contingent upon This proceeding having been heard by E state T ax various discount zones set up, but ap the Federal Trade Commission upon the plicable, where earned, to entire aggre complaint of the Commission, and the CREDIT FOR ESTATE, INHERITANCE, LEGACY, OR SUCCESSION TAXES
gate, and payable both to few single answer of the respondent Simmons Com store customers qualifying and to sopany hereinafter referred to as Sim To Collectors of Internal Revenue and called syndicate heads , purchasing for mons by which Simmons admits all Others Concerned:
numbers o f concerns or so-called cen the material allegations of fact set forth In order to conform Regulations 801
tral organizations and their plural in said complaint and waives the taking stores or units, on basis of aggregate of testimony and all other intervening Part 80, Title 26, Code of Federal Reg purchases of or for such stores or units, procedure herein and further hearing as ulations , as made applicable to the which purchases, separately, frequently to said facts, and the Commission being Internal Revenue Code 53 Stat., Part do not exceed or equal non-eligible pur of the opinion upon the facts so ad 1 by Treasury Decision 4885, approved February 11, 1939 Part 465, Subpart chases of similarly served, competitively mitted that Simmons has violated and operated stores or units of its non-mem is violating the provisions of subsection B, Title 26, Code of Federal Regula ber or non-affiliate customers, and b a of Section 2 of an Act of Congress tions to the Revenue Act of 1939 53
plan under which price differentials en approved October 15, 1914, entitled An Stat. 862, such regulations are amend tailed do not make only due allowance Act to supplement existing laws against ed as follows:
for differences in cost of manufacture, unlawful restraints and monopolies, and 1. Insert immediately preceding ar sale or delivery resulting from differ for other purposes the Clayton Act as ticle 9 a section 80.9 a of such ing methods or quantities in which re amended, and having made its report Title 26:
spondents products are sold or delivered stating its findings as to the facts, S e c . 403. R e v e n u e A c t o f 1939.
by it to competitively engaged custom a Section 813 b of tbe Internal Reve I t is ordered, That Simmons, its offi ers, but one under which two individual cers, representatives, agents and em nue Code relating to the 80 per centum credit for estate, legacy, succession, and in customer-competitors may buy exactly ployées, in connection with the distri taxes paid is amended by in same quantity of products of like grade bution and sale of its products in com heritance serting after District of Columbia," the and quality during year and pay aggre merce between the several states of the following: or any possession of the United gate prices therefor varying almost as United States and in the District of States,.
b The amendment made by subsection much as $2,500, and under which dis Columbia, do forthwith cease and desist a shall be applicable only with respect crimination is not only between cus to estates of decedents dying after the date from:
tomers o f respondent who qualify and of the enactment of this Act.
a Discriminating in price, directly those who do not, and between its cus 2. a Insert immediately following the tom ers and those of others, but between or indirectly, between different retailer first sentence of article 9 b section purchasers of its products of like grade customers favored in various degrees by 80.9 b , Title 26, Code of Federal Regu aforesaid plan, and result of which may and quality by granting, allowing or lations :
lessen competition between it and its paying the cumulative discounts of the I f the decedent died after June 29, Simmons Plan, as set forth in Para competitors, between its favored cus tomers and others, and between cus graph Four of said findings as to the 1939, the credit against the basic Federal tomers of competitors who do not grant facts, heretofore granted, allowed and estate tax, is, under the same conditions, authorized by section 813 b of the In
such discriminatory prices and its own paid by Simmons;
b Continuing to practice the dis ternal Revenue Code, as amended by sec thus favored customers, and with tend ency to create monopoly in it in line of criminations in prices adjudged to be tion 403 of the Revenue Act of 1939, for commerce involved, and injure, destroy unlawful in the aforesaid findings and estate, inheritance, legacy, or succession taxes paid to any State or Territory, the or prevent competition with it, and conclusions; and c Discriminating in price, directly or competition with its thus favored retail 12 F.R. 2324.
er customers ; and discriminating in indirectly, by granting, allowing or