Craftsman Line-Up Table Corporation

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IN THE MATTER OF CRAFTSM:AN LINE-UP TABLE CORPORATION CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2. (d) OF THE CL.\TTO::\' ACT Docket 781,"/. Complaint, Mar. 1960-Decision, Sept. 7, 1960 Consent order requiring a Waltham, Mass., manufacturer of line-up and register tables, photo-with layout tables, and litho-offset utility tables used by offset printers and photoengravers, to cease violating Sec. 2 (d) of the Clayton Act by such practices as paying $2 700 for advertising to a Philadelphia customer while offering no comparable allowances to the latter competitors.

CO:\IPLAINT The Federal Trade Commission, having reason to believe that the party respondent named in the caption hereof, and hereinafter more particularly described, has violated the provisions of subsection (d) of Section 2 of the Clayton Act (U. C. Title 15, Section 13), as amended by the Robinson-Patman Act, hereby issues its complaint sta.ting its charges 'With respect the-reto as follows: PARAGRAPH 1. Responden t Craftsman Line-Up Table Corporation, is a corporation organized, existing and doing business under and by virtue of the laws of the State of :Massnchusetts, with its office and principal place of business located at 49-57 River Street in the City of ,Valtham, State of :Massachusetts. PAR. 2. Respondent is now and has been engaged in the manufacture and sale, of tables known as line-up and register tables photo-with layout tables and litho-offset utility tables used in connection with the work of o:fi'set. printers and photo-engravers. Respondent. markets its products throughout the United States through approximately fifty dealers and distributors who resell to the ulti- CRAFTSMAN LINE-UP TABLE CORPORATION 557 ;:)56 Decision mate purchaser. Total sales by respondent are approximately $350 000 per annum.

PAR. 3. In the course and conduct of its business, respondent has engaged, and is now engaging, in commerce, as "commerce" is defined in the Clayton Act, as amended. Respondent causes its products to be. transported to the customers of its distributors in various states throughout the United States and the District of Columbia. PAR. 4. In the course and conduct of its business in conm1erce respondent paid, or contracted for the payment something value to or for the benefit of some of its customers as compensation or in consideration for services or facilities furnished by or through such customers in connection with their offering for sale or sale. products sold to them by said respondent and such payments ,were not made available on proportionally equal terms to all customers competing in the sale and distribution of respondent' s products. PAR. 5. For example, during the year 1959, respondent contracted to pay and did pay to Foster Type and Equipment Company, Inc. Philadelphia, Pa., $2 700 as compensation or as an allowance for advertising or other-r service or facilities furnished by or through Foster Type and Equipment Company, Inc. in connection with its offering for sale. or sale of products sold to it by respondent. Such compensation or allowance was not offered or otherwise made available on proportionally equal terms to all other customers competing with Foster Type and Equipment Company, Inc. in the. sale and distribution of respondent' s products. m. 6. The acts and practices of respondent, as alleged above violate subsection (d) of Section 2 of the Clayton Act, as amended by the R.obinson-Patman Act.

l1Jr. F1?ed1?i.c T. SUB8 for the Commission. Galliup H,adZey, by jJfr. jJfartin W. Cohen, of Boston, :Mass., for respondent.

INITIAL DECISION BY EDGAR A. BUTTLE, HEARING EXA1\IINER On l\larch 28, 1960, the Federal Trade Commission issued its complaint against the above-named respondent charging it with violating the provisions of subsection (d) of Section 2 of the Clayton Act as amended, in connection with the manufa.cture and sale of tables knmyn as line-up and register tables, photo-with layout tables and litho-offset utility tables used in connection with the work of offset printers and photoengravers. On June 28, 1960, the respondent and counsel supporting the complaint entered into an agreement containing a consent order to cease a.nd desist in accordance with Sec- ,, Order 57 F.

tion 3. 25 (a) of the Rules of Practice and Procedure of the Commis- SIOn.

Under the foregoing agreement, the respondent admits the jurisdictional facts alleged in the complaint and agrees among other things, that the cease and desist order there set forth may be entered without further notice and shall have the same force and effect as if entered.d after a full hearing. The agreement includes a aiver by the respondent of all rights to challenge or contest the validity of the order issuing in accordance therewith; and recites that the said agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission and that it is for settlement purposes only and does not constitute an admission by the respondent that it has violated the law alleged in the complaint. The heating examiner finds that the content of the said agreement meets all the requirements of Section 25 (b) of the Rules of Practice.

This proceeding having noy come on for final consideration by the, hearing examiner on the complaint and the aforesaid agreement for consent order, and it appearing that. said agreement provides for an appropriate disposition of this proceeding, the aforesaid agreement is hereby accepted and is ordered filed upon becoming part. of the Commission s decision in accordance with Section 3. of the Rules of Practice; and in consonance with the terms of said agreement, the hearing examiner makes the following jurisdictional findings and order:

1. Respondent Craftsman Line-Up Table Corporation is a corporation existing and doing business under and by virtue of the laws of the State of l\fassachusetts, with its office and principal place of business located at 49-57 River Street, in the City of '\Yaltham State of J\iassachusetts.

2. The Federal Trade Commission has jurisdiction of the subject matter of his proceeding and of the respondent hereinabove named. The, complaint states a cause of action against said respondent under subsection (d) of Section 2 of the Clayton Act: as amended. ORDER It is O1?dered That respondent Craftsman Line-Up Table Corporation, its officers, employees, agents and representatives, directly or through any corporate or other device, in the course of its business in 'commerce, as "commerce is defined in the Clayton Act, as amended, do forthwith cease and desist from: :i\1aking or contracting to make, to or for the benefit of any customer, any payment of anything of value as compensation or COMMUNITY OPTICIANS ET AIJ. 559 :J5G Complaint consideration for any advertising or other services or facilities furnished by or through such customer, in connection with the handling, resale or offering for resale of products manufactured, sold or offered for sale by respondent, unless such payment or consideration is affirmatively offered or otherwise made available on proportionally equal terms to all other customers competing in the resale or distribution of such products.

DECISION OF THE CO)UIISSION AND ORDER TO FILE REPORT OF CO1\IPLlANCE 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 1960 become the decision of the Commission; and accordingly:

It is Q-7?dered That respondent herein 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 the order to cease and desist.