Nichols & Company, Inc., et al.
Volume 58 · 58 F.T.C. 113
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Nichols & Company, Inc., et al., 58 F.T.C. 113 (1961). Consumer Law Library, https://consumerlawlibrary.org/decisions/v058-0013
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IN THE MATTER OF :\ICHOLS & CONIPAc, INC., ET AL.
ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TnAm co::nnSSION AND Tile WOOL PRODUCTS LABELING ACTS Docket 7659. Complaint, Nuv. , 1959-Decision, Jan. 2-4, 1961 Order requiring an individual engaged in garnetting wool stocks on commission for other firms, to cease violating the Wool Products Labeling Act by labeling as "80% Camel Hair, 20% Wool", wool stocks which contained in part reprocessed woolen fibers, and by failng in other respects to comply with labeling requirements.
"Settled as to all other respolJuents by consent order dated ::far. 25, 1960 (56 C. 1122).
GSl-237-H3- THE TIMKEN ROLLER BEARING CO. 113 Syllabus It is evident that as a result of respondent's policy competitors were foreclosed from selling to over 7 500 established dealers in the replacement market.
As previously found, there are several reasons why dealers prefer to handle several lines or brands of tapered roller bearings. Because of respondents policy, its dealers are not permitted to exercise any discretion as to the brands they will carry and sell. As a result respondent' s dealers are injured by not being able to take advantage of higher discounts offered by some competit.ors and lose substantial sales because they are unable to carry competitive bearings. This is illustrated by the statement of one of respondent' s salesmen "ho, in reporting a conversation with an authorized jobber, stated: He further stated that he made a survey of some of these dealers (car and truck dealers) on the acceptance of Bower Bearings and be found out that they would accept Bower Bearings. He added that for that class of trade he buys Bower but for his fleet trade and garage type of trade, he wil buy Timken. He further added that he knows that \ve would not countenance that sort of dual buying'" * * . (Commission Exhibit 29 A and B) l,Tnder the foregoing circumstances, the appeal of counsel supporting the complaint is granted. The initial decisi.on is set aside and we are entering our own findi.ngs as to the fa.ct:s conclusion and order to cease and desist in conformity with this opinion. Commissioner Mills did not participate in the decision of this matter for the reason he did not hear oral argument.