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FEDERAL REGISTER, Wednesday, March 25, 1942
upon their tank car prices plus certain differentials, depending upon type of container used, or in any manner or degree substantially similar thereto, or from continuing or resuming any such discriminations in price; and 2 dis criminating in price between purchasers of glucose or corn syrup unmixed by the methods set out in paragraph six of the findings as to the facts herein i. e., as there in detail set forth, discriminat ing through the operation of its so-called booking system, under which customers are given, for certain period, and pre ceding increase in price, privilege of pur chasing specified amounts for delivery within specified period at old prices, in such a way as to grant preferential treatment to favored customers, result ing in substantial discriminations in price among candy manufacturers pur chasing from them, through extension of time or other variation of terms;
or otherwise discriminating in price be tween purchasers by means of the book ing or entry of orders for glucose or corn syrup unmixed, where the price dif ferences between purchasers resulting therefrom substantially approximate or exceed those set forth in paragraphs four or five of the findings as to the facts herein; prohibited, subject to provision that said prohibition immediately above set forth shall not prohibit actual sales of glucose or corn syrup unmixed for future delivery which do not involve such discriminations in price at the time of actual sale. Sec. 2 a, 49 Stat. 1526;
15 U.S.C., Sup. IV, sec. 13 a Cease and desist order, Corn Products Refining Company, et al., Docket 3633, March 16, 1942
3.45 e Discriminating in price Indirect discriminationDiscounts and allowances. In connection with offer, etc., in commerce, of products resulting from the grinding and refining of corn, and among other things, as in order set forth, directly or indirectly discriminat ing in price between different purchasers of starch or starch products of like grade and quality in the manner and degree set forth in paragraph nine of the find ings as to the facts herein, i. e., as there in detail set forth, discriminating in price through allowance of discounts, rebates, commissions, or other allowances, from their regular market or list prices to two customers on their puchases of many mil lions of pounds of such products, while selling to competitors of said purchasers substantial quantities of such products of like grade and quality at said corpora tions regular market or list prices, and without any such discounts, etc., not shown as making no more than due al lowance for differences, if any, in the cost of manufacture, sale or delivery of such products, resulting from differing methods or quantities, if any, in which the products are sold or delivered, and sufficient, if reflected in whole or sub stantial part in resale prices, to attract business to said favored concerns away from their competitors, or to force latter to resell products in question at sub stantially reduced profit, or to refrain from reselling, or in any manner or de gree substantially similar thereto, or
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from continuing or resuming any such trose, or enriched with dextrose;
discriminations in price; prohibited. while failing and declining to enter into any similar arrangements with any other Sec. 2 a, 49 Stat. 1526; 15 U.S.C., Sup. IV, sec. 13 a Cease and desist of those buying such product from re order, Corn Products Refining Company, spondents, and to appropriate, or to pay to any one, any money with which ad et al., Docket 3633, March 16,1942
3.45 e Discriminating in price vertising services could be purchased for the advertising of products of any pur Indirect discriminationDiscounts and allowances. In connection with offer, etc., chaser of dry dextrose except said candy in commerce, of products resulting from company; and failing to furnish any the grinding and refining of corn, and advertising services or facilities of any among other things, as in order set forth, kind to other customer-purchasers of dry dextrose who compete with said directly or indirectly discriminating in price between different purchasers of candy company, user of such dextrose in corn gluten feed and corn gluten meal of most of its products in substantial, and like grade and quality in the manner and frequently, major proportions, or di degree set forth in paragraph eight of rectly or indirectly furnishing services or the findings as to the facts herein, i. e., facilities to The Curtiss Candy Company or to any purchaser of dextrose or other as there in detail set forth, discriminating in price through according to at least six of respondents products in connection favored purchasers discounts of fifty cents with the processing, handling, sale, or a ton or more, as the case may be, from offering for sale thereof, when such serv said respondents regular market prices ices or facilities are not accorded to all on sales and shipments of such feed and competing purchasers of any such prod meal, while selling such products of like uct on proportionally equal terms; pro grade and quality to competitors of said hibited. Sec. 2 e, 49 Stat. 1527; 15
favored concerns without according any U.S.C., Sup. IV, sec. 13 e Cease and desist order, Corn Products Refining such discounts, allowances, commissions, rebates or other compensation, sufficient, Company, et al., Docket 3633, March 16, 1942
if reflected in whole or substantial part in 3.39 Dealing on exclusive and tying resale prices, to attract business to said favored concerns away from their re basis. In connection with offer, etc., in spective competitors, or to force latter to commerce, of products resulting from resell such products purchased from re the grinding and refining of corn, and spondents at a substantially reduced among other things, as in order set profit, or to refrain from reselling, and forth, contracting to sell to, or selling to, sufficient substantially to increase the the Huron Milling Company, the Keever margins of profit of the favored customers Starch Company, or any other customer over those otherwise obtainable, and buying in quantities approximating those which, as shown, do not make no more of the purchasers named, corn starch or than due allowance for differences, if any, other starch products, or fixing a price in the cost of manufacture, sale or de therefor or discount or rebate therefrom, livery of said products resulting from the on the condition, agreement, or under differing methods, or quantities, if any, in standing that any such purchaser shall which sold and delivered, or in any man not use or deal in corn starch or other ner or degree substantially similar starch products of a competitor or com thereto, or from continuing or resuming petitors of respondents, or from perform any such discriminations in price; pro ing, enforcing, or continuing in operation hibited. Sec. 2 a, 49 Stat. 1526; 15 or effect any such condition, agreement U.S.C., Sup. IV, sec. 13 a Cease and or understanding; prohibited. Sec. 3, desist order, Com Products Refining Com 38 Stat. 731, 15 U.S.C., sec. 14 Cease and desist order, Corn Products Refining pany, et al., Docket 3633, March 16,1942
3.45 c Discriminating in price Company, et al., Docket 3633, March 16, Direct discriminationServices and fa 1942
cilities. In connection with offer, etc., in commerce, of products resulting from In the Matter of Com Products Refining Company, Corn Products Sales Com the grinding and refining of corn, and pany, Inc.
among other things, as in order set forth, furnishing advertising services to At a regular session of the Federal The Curtiss Candy Company as set forth Trade Commission, held at its office in in paragraph ten of the findings as to the City of Washington, D. C., on the the facts herein i. e., as there in detail 16th day of March, A. D. 1942.
set forth, under an understanding with This proceeding having been heard by said company which, for a period of years, advertised its products approxi the Federal Trade Commission upon the mately as much as all of the other candy complaint of the Commission, the answer manufacturers in the United States com of respondents, the amended complaint bined, and had as wide a distribution of the Commission and respondents of its candy as any candy manufacturer answer thereto, testimony and other evi in the United States to induce it to use dence, briefs in support of the complaint respondents dry dextrose in its candies, and in opposition thereto, and oral ar and to advertise them as containing the guments by counsel, and the Commission same, and in consideration of the addi having made its findings as to the facts tion of the Dextrose Message to said and its conclusion that respondents have companys advertising, appropriating violated subsections a %nd e of Sec various large sums of money for adver tion 2 and Section 3 of An Act to supple tising in newspapers, magazines and on ment existing laws against unlawful re the radio, depicting the candy products straints and monopolies, and for other of said company as being rich in dex purposes, approved October 15, 1914