Maryland Baking Co.

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

In Tos Marrer or MARYLAND BAKING CO. ET AL.

MODIFIED ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2(@) OF THE CLAYTON ACT Docket 6827. Order, May 81, 1957 Order modifying, to accord with decision of the Court of Appeals for the Fourth Circuit’ cease and desist order of June 29, 1956, 52 F.T.C. 1679, so as to require respondent baking company to cease discriminating in price “by selling ice cream cones to any purchaser at [higher prices] @ price which is lower than the price[s] charged any other purchaser engaged in the same line of commerce where [, in the sale of said cones to] such lower price undercuts the price at which the purchaser charged the lower price {, respondent The Maryland Baking Company is in competition with another seller] may purchase ice cream cones of like grade and quality from another seller.’ Before Mr. Everett F. Haycrafi, hearing examiner. Mr. Rice E. Schrimsher for the Commission. Burke, Gerber & Wilen, of Baltimore, Md., and Mr. William Simon, of Howrey & Simon, of Washington, D.C., for respondents. MODIFIED ORDER TO CEASE AND DESIST This matter having been heard by the Commission upon the appeal of respondent, The Maryland Baking Company, and counsel supporting the complaint from the hearing examiner’s initial decision, on briefs and oral argument of counsel; and, the Commission having duly considered the record and the questions raised on appeal, and having thereafter, on the 29th day of June, 1956, rendered its decision in which it denied the appeals and adopted as its own the findings, conclusions, and order contained in the initial decision; and issued the order to cease and desist against respondent, The Maryland Baking Company, its officers, representatives, agents, and employees; and Respondent, The Maryland Baking Company, having filed in the United States Court of Appeals for the Fourth Circuit its petition for review of, and to set aside, said order to cease and desist; and the Court having heard the cause on briefs and oral argument, including a suggested alternative form of order submitted by the Commission pursuant to request of the Court; and the Court having 1243 F. 2d 716, Apr. 8, 1957.

2 Language deleted by the Court from the original order is enclosed in brackets; lan- Zuage added 1s italicized.

MARYLAND BAKING CO. ET AL. 1107 1106 Order thereafter, on the 8th day of April, 1957, filed its decision and decree in which it modified the order of the Federal Trade Comission in accordance with the suggested alternative order submitted by the Commission, and affirmed said order as modified; and The Commission being of the opinion that its order to cease and desist, issued on June 29, 1956, should be modified so as to accord with the decision and decree of the United States Court of Appeals for the Fourth Circuit modifying the said order to cease and desist as aforesaid:

It is ordered, That respondent, The Maryland Baking Company, a corporation, and its officers, representatives, agents and employees, directly or through any corporate or other device, in connection with the sale or distribution of ice cream cones 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, by selling ice cream cones to any purchaser at a price which is lower than the price charged any other purchaser engaged in the same line of commerce, where such lower price undercuts the price at which the purchaser charged the lower price may purchase ice cream cones of like grade and quality from another seller.

It ts further ordered, That respondent, The Maryland Baking Company, shall, within sixty (60) days after service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with this order.

Decision 53 E-T.C.