Salt Producers Association

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IN THE MA'ITER OF SALT PRODUCERS ASSOCIATION, ET AL.

liOD!FIED CEASE AND DESIST ORDER Docket 4920. Order, August 10, 1948 Modified order, pursuant to provisions of section 5 (I) of the Federal Trade Commission Act, and In accordance with decree below referred to, in proceeding In question, In which original order Issued on November 10, 1941, 34 F. T. C. 38, and In which Circuit Court of Appeals for the Seventh Circuit on March 8, 1943, In Salt Producers Associatwn, et al. v. Federal Trade Commission, 1St F. (2d) 354, 36 F. T. C. 1110, rendered its opinion and on April 20, 1943, Issued Its decree, modifying said order of the Commission in certa.ln particulars and affirming the same in other particulars; nequlring respondents, their officers, etc., in connection with olrer, etc., In commerce, of salt, to cease and desist fromlllnterlng into, continuing, or carrying out, or directing, Instigating, or cooperating ln, any planned common course of action, mutual agreement, combi.natlon, or conspiracy, to fix or maintain the prices of salt or curtail, restrict; or regulate the production or sale thereof; and pursuant to any such planned or agreed common course of action, establishing or maintaining uniform prices or terms · and conditions .for the sale of salt; adhering or promising to adhere· to published prices or terms pending the filing of changes with the Association; continuing the delivered price zones heretofore used for making quotations; etc., as In said order in detail set out and specified; and Doing or performing any of the things forbidden by order in question, or aldlng, assisting or cooperating In the performance thereof, on the part of respondent Stevenson, Jordon & Harrison, Inc., and respondents Charles R. Stevenson and D. M. Metzger, as officers thereof, and their agents, etc., all as in detail set out and specified in order In question, and subject to the provisos thereof; and Subject to further proviso that nothing In ·such order is to be construed as prohibiting the respondents from entering Into such contracts or agreements relating to the maintenance of resale prices as are not prohibited by the provisions of an Act entitled "An act to protect trade and commerce against unlawful restraints and monopolies," approved July 2, 1800 (the Sherman Act), as amended.

MooiFIED ORDER To CEASE AND DESIST I . This proceeding co.ming on for further hearing before the Federal 'trade Commission, and it appearing that on November 10, 1941, the Commission made its findings as to the facts herein and concluded therefrom that respondents had violated the provisions of the Federal !trade Commission Act, and issued and subsequently served upon them Its order to cease and desist; and it further appearing that respondents on January 9, 1942, filed in the United States Circuit. Court of Appeals for the Seventh Circuit petition to review and set aside the Order 37F.T.C· Commission's order, and that on March 8, 1943, the said court rendered its opinion and on April 20, 1943, issued· its decree modifying the aforesaid order of the Commission in certain particulars and affirm· ing the order in other particulars:

Now, therefore, Pursuant to the provisions of. subsection ( i) of sec· tion 5 of the Federal Trade Commission Act, the Commission issues this its modified order to cease and desist in conformity with said decree:

It is ordered, That the respondents, Salt Producers Association, ll corporation; A very Salt Co., a corporation; Barton Salt Co., a corporation; The Carey Salt Co., a corporation; Cayuga Rock. Salt Co., a corporation; Colonial Salt Co., a corporation; Detroit Rbck Salt Co., a corporation; Diamond Crystal Salt Co., Inc., a corporation; In· ternational Salt Co., a corporation; Jefferson Island Salt Co., Inc., II corporation; Hardy Salt Co., a corporation; Morton Salt Co., a corporation; Myles Salt Co., Ltd., a corporation; Mulkey Salt Co., a cor· poration; Ohio Salt Co., a corporation; Ruggles & Rademaker Salt Co., a corporation; Saginaw Salt Products Co., a corporation; Union Salt Co., a corporation; Watkins Salt Co., a corporation; 1Vorcester Salt Co., a corporation; American Salt Corporation, a corporation, their officers, servants, agents, and. employees, and Stevenson, Jordan & Harrison, Inc., Charles 'R. Stevenson and D. M. Metzger, re· spectively, president and treasurer of said Stevenson,_Jordan & liar· rison, Inc., and their agents, servants, and employees, or any two or more of said respondents, with or without the. cooperation of others not parties hereto, in connection with the offering for sale, sale, and dis· tribution of salt in commerce, as commerce is defined in the· Federa.l Trade Commission Act, do forthwith cease and desist from entering into, continuing, or carrying out, or directing, instigating~ or cooperat· ing in, any planned common course of action, mutual agreement, coJll· bination, or conspiracy, to fix or maintain the prices of salt or curtail, restrict, or regulate the production or sale thereof, and from doing any of the following acts or things pursuant to any such planned or agreed common course of action :

1. Establishing or maintaining uniform prices for salt, or uniform "terms and conditions in the sale thereof, or in any manner agreein~ upon, fixing, or maintaining any prices, including terms and condt~ tion-s of sale, at which salt is to be sold. . 2. Adhering, or promising to adhere, to filed or published prices or terms and conditions of sale for salt pending the filing of changes therein with the Salt Producers Association, or with any other agency, or with each other.

3. Continuing the delivered price zones heretofore use'd for making quotations and sales of salt, or establishing or maintaining any de- SALT PRODUCERS ASSOCIATION, .ET AL. 341 ~39 Order . livered price zones which are similar to those heretofore used in that their use would result as heretofore in making the delivered prices of the respective corporations identical despite their different costs o£ Qelivery.

4. Exchanging, directly' or through the Salt 'Producers Association: or any other agency or clearing house, price lists, invoices, and other records of sale showing the quantity, current prices, and terms and con- <litions of sale allowed by said corporations to dealers and distributors: Provided, however, That nothing herein shall prevent said association from collecting and disseminating to the respective manufacturers figures showing the total volume of sales of salt without disclosing the -sales volume of individual producers, for the purpose or with the effect of restraining competition in the offering for sale, or sale, of salt. 5. Exchanging, directly or through the medium o£ the Salt Producers Association, or any other agency, the names o£ distributors or Qealers who receive special discounts; for the purpose or with the €flect of restraining competition in the offering for sale, or sale, of -salt.

6. Curtailing, restricting, or regulating the quantity o£ salt to be ~produced and sold by said corporations by any method or means dur-· lng any given period of time for the purpose or with the effect o£ restraining competition in the offering for sale, or sale, of salt. 7. Doing, or causing to be done, any of the things .:forbidden by this order through the medium of said Stevenson, Jordan & Harrison, Inc., Charles R. Stevenson or D. :M. Metzger, or any other cor- Poration, firm, or individual. · It is further ordered, That Stevenson, Jordan & Harrison, Inc., ru1d Charles R. Stevenson and D. 1\f. l\fetzger as officers thereof, and their .agents, servants, and employees, do forthwith cease .and desist from doing or performing any of the things :forbidden by this -order, or aiding, .assisting, or cooperating in the performance thereof. It is furtMr ordered, That nothing in this order is to be construed .as prohibiting the respondents from entering .into such contracts or agreements relating to the maintenance of resale prices as are not prohibited by the provisions of an act entitled "An act to protect trade and commerce against unlawful restraints and monopolies,~' approved July 2,1890 (the Sherman.Act), as amended.

It is further ordered, That for the reasons appearing in the findings · ns to· the facts the complaint h,erein be, and hereby -is, .dismissed as to the 'following respondents: T. M. Harrison, C. H. Ferris, N. M. Pertis, E. G. Ackerman, A. H. Dyer, R:E. Case, F. L. Sweetser, W. R. Guthrie, A. P. Nonweiler, S.M. Hudson; R. R. Bliss, L. B. Platt, and lioward Marvin.

34~ FEDERAL TRADE COMMISSION DECISIONS Order S'7F. T. C.