Clark Equipment Company
Volume 53 · 53 F.T.C. 228
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Clark Equipment Company, 53 F.T.C. 228 (1956). Consumer Law Library, https://consumerlawlibrary.org/decisions/v053-0038
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In THE Matrer oF CLARK EQUIPMENT COMPANY ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2(@) OF THE CLAYTON ACT Docket 6847. Complaint, May 6, 1955—Decision, Sept. 7, 1956 Order dismissing, for lack of proof of the effect on competition required by statute, complaint charging a major manufacturer of industrial trucks, with plants and factories at Buchanan, Benton Harbor, Jackson, and Battle Creek, Mich., with discriminating in price by means of quantity discounts and rebates, both non-cumulative and cumulative, in violation of Sec. 2(a) of the Clayton Act.
Mr. William H. Smith for the Commission. Mr. Hammond E. Chaffetz and Mr. Frederick M. Rowe of the firm of Kirkland, Fleming, Green, Martin & Ellis, of Chicago, IIl., and Washington, D.C., for respondent.
Inrr1an Decision Dismissine ComeuainT By FRANK Hter, Herarinac ExXaMInEerR Counsel in support of the complaint in this proceeding, having moved, before any evidence taken, to dismiss the complaint without prejudice, on the ground that he is unable to prove the effect on competition prescribed by the statute under which the complaint is brought, and nothing to the contrary appearing, and counsel for respondent obviously having no objection, said motion is granted, and, accordingly, It is ordered, That the complaint herein be, and the same hereby is, dismissed without prejudice.
DECISION OF THE COMMISSION Pursuant to Section 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 7th day of September, 1956, become the decision of the Commission. Commissioners Gwynne and Mason not participating. OTIS ELEVATOR CO. ET AL. 229 Decision