Lakeland Packing Company, Inc

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it has complied with the order to cease and desist. Ix Tile l\IATTER OF LAKELAND PACKI~G COJlPA'IY , I'1C, CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOTJATION OF SEC. 2(c) OF 'rue CLA YTo:!'r ACT Docket 7930. Complaint, June 1960-Decisi, , May 1961 Consent order requiring a Lakeland, Fla., citrus fruit packer to cease violating Sec. 2(c) of the Clayton Act by paying brokerage, or its equivalent, to customers making purchases for their own accounts for resale. COUPLAINT The Federal Trade Commission, having reason to believe that the party respondent DalTrd in the caption hereor, and hereina,after more particularly described, has been and is now violating the provisions of subsection (c) of Section 2 of the Clayton Act, as amended (V. C. Title 15, Section 13), hereby issues its complaint stating its charges with respect thereto as follows: RAGRAPH 1. Respondent Lakeland Packing Company, Inc. is a corporation organized, existing and doing business under and by virtue or the la\\-s or the State of Florida, with its offce and principal place or business located at Lakelanc1, Florida, with mailing address as Post Offee Box 1197, Lakeland, Florida. PAR. 2. Respondent is now and since 1955 has been engaged in the business or packing, seJIing a,ne1 distributing citrus rruit, such as oranges, tangerine,s a,nel gnlpefrllit, flll or whio.h are hereinafter referred to as citrus rruit or fruit prodnc.ts. R.esponclent sells and LAKE LAND PACKING COMPANY , I),TC. 859 858 Decision distributes its citrus fruit through brokers, as well as direct, to enstomers located in many sections of the l,Tnitecl States. \Vhen brokers are utilized in making sales for it, respondent pays them for their services a brokerage or commission, at a rate ranging from 4 to 10 cents per 1% bushel box, or equivalent. However, the rate of brokerage or commission generally paid by respondent is 10 cents per 1% bushel box, or equivalent. Respondent's annual volume of business in the sale and distribution of citrus fruit is substantial. PAR. 3. In the course and conduct of its business over the past se.ve.ral years, respondent has sold and distributed and is now selling and distributing its citrus fruit in commerce, as "commerce " is defined in the aforesaid Clayton Act, as amended, to buyers located in the several states of the United States other than the State of Florida in which respondent is located. Respondent transports, or causes such citrus fruit, when sold, to be transported from its place of business or packing plant in the State of Florida, or from other places within the Siate, to such buyers or to the buyers' customers located in various other states of the United States. Thus there has been, at all times mentionerl herein, a continuous course of trade in commerce in such citrus fruit across state lines between said respondent. ftnd the respective buyers of such fruit. PAR. 4. In the course and conduct of its business as aforesaid respondent has been and is now making substantial sales of citrus fruit to some, but not all, of its brokers and direct bnycrs purchasing for their own account for resale, and on a large number of these sales respondent paid, granted or allowed, and is now paying, granting or allowing to these brokers and other direct buyers on their purchases, a commission, brokerage, or other compensation, or an allowance or discount in lieu thereof, in connection therewith.h. PAR. 5. The acts and practices of respondent, as above alleged and described, are in violation of subsection (c) of Section 2 of the Clayton Act, as amended ("C. C. Title 15, Section 13). Mr. Cecil G. Miles and Mr. Ernest G. Ba7'8 for the Commssion. Afr. Cownts Johnson of Tampa, Fla., for respondent. I"ITIAL DECISION BY EARL J. KOLB, HEARING EXA"'INER The complaint in this matter charges the respondent with violation of Section 2(c) of the Clayton Act, as amended. An agreement for disposition of the proceeding by means of a consent ordcr has now been executed by .respondent and its counsel and counsel supporting the complaint and submitted t.o the hearing examiner for his consideration. Attached to and made a part of the agreement 860 FEDERAl) TRADE COMMISSION DECISIONS Order G8 F.

is a stipulation entered into by the same parbe. for the purpose of making clear the intent of the complaint and of the proposed order to cease and desist.

The agreement provides, among other things, that respondent admits all of the jurisdictional allegations in the complaint; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and the agreement; that the inclusion of findings of fact and conclusions of law in the decision disposing of this matter is waived together ,with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in disposition of the proceeding, such order to have the same force and effect as if entered after a full hearing, respondent specifically waiving any and all rights to challenge or contest the validity of such order; that the order may be altered modified or set aside in the manner provided for other orders of the Commission; that. the complaint may be used in construing the terms of the order; and tlmt the agreement is for settlement purposes only and docs not constitute an admission by respondent that it has ,violated the la,,, as alleged in the complaint. The hearing examiner having considered the agre,ement and the proposed order, n.ud being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisc1ictionnl findings made, and the following order issued:

1. Respondent Lakeland I acking Company, Inc. is a corporation existing and doing busi ness under and by virtue of the bws of the State of Florida, with its offce and principal place of business located in the City of Lakeland, State of Florida, with mailing address as Post Offce Box 11D7, Lakeland, Florida. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent. O1WER It is ordered That the respondent Lakeland Paeking Company, Inc., a corporation, and its officers, agents, representatives a,nel employees directly or through any corporate or other device, in connection with the sale of eitrus fruit or fruit, products in commerce, as "commerce" is defined in the a.foresaid Clayton Act, do forthwith cease and desist: from:

Paying, granting or allowing, directly or indirectly, to any buyer or to anyone acting for or in behalf of, or who is subject to the MARIOX C01JKTY CITRUS COMPANY 861 858 Complaint direct or indirect control of such buyer, anything of value as a commission, brokerage, or other compensation, or any allowance or discount in lieu thereof, upon or in connection with any sale of citrus fruit or fruit products to such buyers for his own account. DECISION OF THE CO:\UIISSIOX AND ORDER TO j1'ILE REPORT OF CO:MPLIANCE The Commission having now determined that the hearing examiner s initial decision, filed J anua.ry 25, 1961 is adequate and appropriate to dispose of this proceeding: It is ordered That said decision be, and it hereby is, adopted as the decision of the Commission.

It i8 That the respondent shall, within sixty (60) fmther .ordered 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 contained in the aforesa.icl initial decision.