United States Maltsters Association

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF UNITED STATES MALTSTERS ASSOCIATION, ET AL. MODIFIED CEASE AND DESIST ORDER Docket 9555. .Aug. 19, 1943 Order modifying cease and desist order ln proceeding In question in which or!glnuJ findings and order Issued on December 29, 1942, 35 F. T. C. 797, so as store' quire respondents, their officers, etc., ln connection with offer, etc., ln commerce, of malt, to cease and desist from- Entering Into, continuing, cooperating ln, or carrying out, or directing, !nstlgat' lng, or cooperating In any planned common course of action, mutual agt·ee' ment, understanding, combination, or conspiracy between and among any two or more of said respondents or between any one or more of said respond'· ents and other not parties hereto, to establish, fix 'or maintain prices, terms or condition of sale for malt, or adhere or promise to adhere thereto; hold or participate ln any meeting, discussion, or exchange of information among themselves or urider the auspices of respondent Association; establish, use, etc., basing points and delivered prices; exchange, distribute or 'relay among manufacturing respondents or through respondent Association price lists or other Information showing future prices; etc., as ln detail specifiellln ort.Ier below set out.

Defore Mr. Roberts. Hall and llfr. Webster Ballinger, trial e:x:alll' iners.

Mr. Edward L. Smith for the Commission.

Mr. William lV. Corlett, of New York City, and' Poppenhusen, · Johnston, Thompson & Raymond, of Chicago, Ill., for respondents; together with Hubbard, Baker & Rice, of Chicago, Ill., for respondent Albert Schwill & Co.

Modified ORDER To Cease AND DESIST .

This proceeding having been heard by the Federal Trade Commis· sion upon the complaint of the Commission, the answers of the re' spondents, testimony and other evidence in support of the allegations of said complaint and in opposition thereto taken before Robert s. Hall, a trial examiner of the Commission theretofore duly designated by it, report of Webster Ballinger, a trial examiner appointed to pre· pare a~d file a trial examiner's report upon the evidence (vice Robert S. Hall, deceased), and exceptions filed thereto, briefs filed in sup· port of the complaint and in opposition thereto, and oral argument of counsel; and the Commission having duly made and entered its find· ings as to the facts, conclusion, and order to cease and desist, dated December 29, 1942; and th~ Commission having further considered said order to cease and desist heretofore issued and being of the opi?· ion that a modified order to cease and desist should be issued in said UNITED STATES MALTSTERS ASSO., ET AL. 343 342 Order cause· and the Commission having given due notice to counsel for tle respo~dents · and counsel for the respondents having waived objection ' d. to the issuance of said modified order; and transcript of the record m the proceeding not having been filed in any Circuit Court of Appeals of the United States; and the Commission, having duly considered the ·record and being ,now fully advised in the premises, issues this its lllodified order to cease and desist :

It is ordered That the respondents, United States :Maltsters Associat. ' lon, an unincorporated association; Chilton Malting Co., a corporation; The Columbia. .Malting Co., a corporation; Froedtert Grain & h;falting Co., a corporation; 'Vm. E. Kreiner & Sons, Inc., a corporabon; The Kurth Malting Co., a corporation; The Ladish-Stoppenbach Co., a corr.oration; George J. Meyer Malt & Grain Corporation, a cor- Poration; Milwaukee 1Vestetn Malt Co., a corporation; Northwestern hfalt & Grain Co., a corporation; Perot Malting Co., a corporation; llahr Malting Co., a corporation; H. ,V, Rickel & Co., a corporation; L. Rosenheimer :Malt & Grain Co., a corporation; Schreier Malting Co.t a corporation; Albert Schwill & Co., a corporation; Daniel D. 'Veschler & Sons, Inc., a corporation; 'Vest Bend· Malting Co., a corporation; and Wisconsin Malting Co., a corporation, and their respective officers~ agents, representatives, and employees, in connection with the offering for sale, sale, and distribl).tion of malt in commerce as "commgrce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from entering into, continuing, cooperating in, or carrying outt or directing, instigating, or cooperating in, any planned common course of action, mutual agreement~ understanding, combination, or conspiracy between and among any two or more of said respondents hr between any one or more of said respondents and others not parties ereto to do or perform any of the following acts or practices : · 1. Establishing, fixing, or maintaining prices, terms, or conditions ~f sale for malt, or adhering to or promising to adhere to the pricest errns, or conditions of sale so fixed.

~· Holding or participating in any meeting, discussion, o~ exchange 1.nformation among themsel~e~ or under the auspices of respondent lJ nited States Malsters Association or any other medium or agency concerning proposed or future prices, terms, or conditions of sale. a• E xch angmg,· dis t n'b u tmg, or rei ay1ng. among ..manufacturmg. re- 8 skondents, ?r .any of th~m, or through resp?ndent United States Malt- 1. l"s Association or through any other medmm or central agency, price· ~;tsor other i~formation showing future prices, terms, or conditions th sale; or Which show current prices, terms, or conditions of sale for h-. or which have the tendency or effect, of fixing prices for . ae1purpose,t. . Order 37F. T.C.

4 . .Authorizing or permitting examination of the books or other records of the respondent· manufacturers by any agent oi the United States Malsters Association or by any agent of the respondents, or -any of them, to determine or check the prices at which any given re· spondent manufacturer has made sales, is currently making sales, or expects to make sales.

5. Formulating, establishing, putting into operation, continuing, or using in any way, any reporting plan using Chicago, Illinois, or any other common basing point, which results in the establishment and maintenance among the respondent members or any two or more of them of uniform delivered prices to any given destination. 6. Quoting prices, terms, and conditions of sale determined under a. method or system of a common basing point for the purpose, or with the effect, of 'making the delivered price quotation of any t\"\'0 or more of the respondents the same to any given destination. 7. Formulating or putting into operation any other practice or phlll which has the purpose, or the tendency or effect, of fixing prices £or malt; or employing or utilizing any of the acts or practices specifically .prohibited herein as a means or instrumentality of otherwise restrict· ing, restraining, or eliminating competition in the sale and distribll· tion o:f malt.

8. Employing or utilizing respondent Uni.ted States Maltsters ft.s· £ociation or any other medium or central agency as an instrument, vehicle, or aid in performing or doing any of the acts and practices prohibited by this order.

It is fwrther ordered, That the complaint herein be, and it hereby is, dismissed as to Interior .Malt & Grain Co., a corporation. It is further ordered, That the respondents shall, within 60 duy9 after service upon them of this order, file with the Commission are· port in writing, setting forth in detail the manner and form in which they have complied with this order.

, DENTISTS' SUPPLY CO. OF NEW YORK 345 Syllabus