Hyster Company
Volume 53 · 53 F.T.C. 233
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Hyster Company, 53 F.T.C. 233 (1956). Consumer Law Library, https://consumerlawlibrary.org/decisions/v053-0041
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In THe Marrer or HYSTER COMPANY ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2 (2) OF THE CLAYTON ACT Docket 6830. Complaint, Apr. 15, 1955—Decision, Sept. 8, 1956 Order dismissing, for lack of proof of the effect on competition required by the statute, complaint charging a manufacturer of industrial trucks, with factories at Portland, Ore., and Peoria and Danville, Ill, with discriminating in price in violation of Sec. 2(a) of the Clayton Act by means of a “Fleet Discount Plan” applying only to those ultimate purchasers who owned and maintained respondent’s industrial trucks and equipment. Mr. William H. Smith for the Commission. McBride & Baker, of Chicago, Tl., for respondent. Inrrrat Decision Dismisstne Compuaint By Frank Hier, Hearing Examiner 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 8th day of September, 1956, become the decision of the Commission. Commissioners Gwynne and Mason not participating. Decision 53 B.T.C.