FTC advisory opinion digest
Opening text: Compliance interpretation of request fOl' pl'ernerg'el' clearance: De minimis competitive effect
73 F.T.C. 1304 · Sept. 29, 1966 · Digest No. 185
source volume section (73 F.T.C. 1304)
Text is machine-OCR of the printed volume and may contain errors. Advisory opinions are the Commission's views on proposed conduct, not binding orders.
No. 185. Compliance interpretation of request fOl' pl'ernerg'el' clearance: De minimis competitive effect. The Cormnission issued opinions September 29 , 1966; and January 26, 1967, in coilllection with requests for advice from a small company as to whether a proposal to merge, if consummated, would violate an outstanding order prohibiting either purchasing company from making certain acquisitions.
A small processor of food products which was tightly held, having declining profits, increasing expenses, a loss of key personnel, a plant too small to compete efficiently, and an owner-manager who was determined to sell, applied for clearance for its proposed acquisition by either of two larger processors in the same general line of comInerce. Both of the larger processors were subject to a Commission order prohibiting certain acquisitions for a desig1lated period of time without prior Commission approval.
On the basis of supplied information, the Commission cleared the request for acquisition by either of the two larger processors. Subsequently, however, partial acquisition by a third processor was approved, as was a partial acquisition by one of the larger concerns. (File No. 6651 and D-6632 , released Feb. 1:3 , 1068. ) (Opinion issued under authority or Section 3. 61 (c) of the Commission s Rules of Practice (1967).
ADVISORY OPINION DIGEST 1305