Morton Salt Company

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

In THE MatTTer OF MORTON SALT COMPANY MODIFIED CEASE AND DESIST ORDER Docket 4319. Nov. 2, 1948 Modified order, in proceeding in question, in which (1) the original findings as to the facts, conclusion, and order to cease and desist issued on July 28, 1944, 39 F. T. ©. 35; (2) modified findings and order, following remand .of the case by the Circuit Court of Appeals for further consideration of the Commission, issued on April 14, 1945, 40 F. T. C. 388; and (8) the Circuit Court of Appeals on July 8, 1948, 45 F. T. C., entered a final decree further modifying the aforesaid order to cease and desist, pursuant to the opinion announced on May 38, 1948, by the Supreme Court of the United States, 334 U.S. 37, 44 F. T. C. 1499.

Requiring respondent, its officers, etc., in the sale of its “Free Running Table Salt, plain or iodized” or other grades of table salt in commerce, to cease and desist from discriminating directly or indirectly in the price of such products of like grade and quality as among wholesale or retail dealers purchasing said salt when the differences in price are not justified by difference in cost of manufacture, sale, or delivery, resulting from differing methods or quantities in which such products are sold or delivered, as in said order in detail below set forth.

Before Mr. James A. Purcell, trial examiner. Mr. Donovan R. Divet for the Commission.

Ucbride & Baker, of Chicago, Il., for respondent. Mopiriep Orper Tro CrEasEe AND Desist This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, answer of the respondent, testimony, and other evidence in support of the allegations of said complaint and in opposition thereto taken before a trial examiner of the Commission theretofore duly designated by it, report of the trial examiner upon the evidence and exceptions filed thereto, briefs in support of the complaint and in opposition thereto, and oral argument of counsel, the Commission, having considered the matter, made and issued its findings as to the facts, conclusion, and order to cease and desist on July 28, 1944;

Thereafter, said cause was remanded by the Circuit Court of Appeals for the further consideration of the Commission, and the Commission, having reconsidered the matter and the record herein, made and issued on April 14, 1945, its modified findings as to the facts, its conclusion that respondent has violated the provisions of subsection MORTON SALT CO. 329 328 Order (a) of section 2 of an act of Congress entitled, “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes,” approved October 15, 1914 (Clayton Act), as amended by an act approved June 19, 1936 (Robinson-Patman Act), and its order to cease and desist; and The Circuit Court of Appeals having, on July 8, 1948, entered a final decree further modifying the aforesaid order to cease and desist, pursuant to the opinion announced on May 8, 1948, by the Supreme Court of the United States:

Now therefore it is hereby ordered, That respondent, Morton Salt Co., a corporation, and its officers, representatives, agents, and employees, directly or through any corporate or other device in the sale of Morton’s Free Running Table Salt, plain or iodized, or other grades of table salt in commerce as “commerce” is defined in the aforesaid Clayton Act, do forthwith cease and desist from discriminating directly or indirectly in the price of such products of like grade and quality as among wholesale or retail dealers purchasing said salt when the differences in price are not justified by difference in the cost of manufacture, sale, or delivery, resulting from differing methods or quantities in which such products are sold or delivered, (a) By selling such products to some wholesalers thereof at prices different from the prices charged other wholesalers who, in fact, compete in the sale and distribution of such products. ' (6) By selling such products to some retailers thereof at prices different from the prices charged other retailers who, in fact, compete in the sale and distribution of such products. (c) By selling such products to any retailer at prices lower than prices charged wholesalers whose customers compete with such retailer. For the purpose of comparison, the term “price” as used in this order takes into account discounts, rebates, allowances, and other terms and conditions of sale.

Syllabus 45 BS TASC.