Commission refusal to grant blanket approval to small dairy to be acquired by any corporation subject to…

No. 318. Commission refusal to grant blanket approval to small dairy to be acquired by any corporation subject to Commission acquisition-prohibiting orders. ; The Commission rendered an advisory opinion in response to a premerger clearance request from the owner of a small dairy who wants to sell the business to any one of three national firms in

ADVISORY OPINION DIGESTS 1109 the dairy industry, two of which are subject to Commission cease and desist orders containing provisions prohibiting further acquisitions without prior Commission approval. The applicant was advised by the Commission that it cannot grant the blanket approval requested. The Commission pointed out that corporations covered by orders prohibiting certain acquisitions are free, of course, to apply for prior approval to acquire the applicant’s business.

From the data submitted by the applicant, it appears that his business continues to operate profitably despite extremely competitive and rapidly changing conditions in the milk industry in his area. The applicant enjoys a substantial share of the markets in which he operates. No evidence was presented of any attempts to sell the business to any other independent dairy firm or to anyone now outside the dairy industry. (File. No. 693 7072, released Feb. 4, 1969.) No. 319 Sales price and lease rate for a book need not be identical. ’ The Commission issued an advisory opinion concerning charges by a publisher in connection with the distribution of its publications. The publisher offers reference books to customers on lease (the publisher picks up the obsolete volumes upon the issuance of a new edition or upon the expiration of the lease) or for purchase.

The Commission advised the publisher that no law administered by the Commission requires it to charge the same amount for the lease as for the sale of a book (File No. 693 7075, released Feb. 4, 1969.)