Square Deal Fruit Co.

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Ix Tile l\latter OF SQUARE DEAL FJtUIT CO.

CONSENT ORDER, ETC., I "r REGARD TO THE ALLEGED VIOLATION OF SEC. 2(c) OF THE CLAYTON ACT Docket 8008. Complaint, June 1960 Decision, May, 1961 Consent order requiring a packer of citrus fruit in Maitland, Fla. , to cease violating Sec. 2(e) of the Clayton Act by paying brokerage, or its equivalent to customers making purchases for their own accounts for resale. CO:MPLAINT The Federal Trade Commission, having reason to believe that the party respondent named in the caption hereof, and hereinafter more particubrly desc.ribed, has been and is now yiobting the pro- SQUARE DEAL FRliIT CO. 913 912 Complaint visions of subsection (e) of Section 2 of the Clayton Act, as amended (D, C. Title 15 , Section 13), hereby issues its complaint, stating its charges with respect thereto as follows: PARAGRAPH 1. Respondent Square Deal Fruit Co. is a corporation organized, existing and doing business under and by virtue of the laws of the Stale of Florida, with its offce and principal place of business locat€d at :Maitland, Florida, with mailing address as Post Offce Box 35, Maithl1d, Florida.

AR. 2. R.respondent is now, and for the past several years has been, engaged in the business of packing, selling and distributing citrus fruit, such as ora,nges, tangerines and grapefruit, all of which arc hereinafter sometimes referred to as citrus fruit or fruit products. R.e.spondent sells and distributes its citrus fruit through broke.rs, as well as c1 direct, to customers located in many sections of the United States. ,'\hen brokers are utilized in making sales for it respondent pays them for their services, a brokerage or commission usually at the rate of 10 cents per 1% bushel box, or equivalent. Respondent' lnnual volume of business in the sa.1e and distribution of citrus fruit is substantial.

il.R. 3. In the course and conduct of its business over the past several,l years respondent has sold and distributed, and is now selling and distribut.ing, its citrus fruit in commerce, as "commerce" is defined in t.he aioresaid Clayton Act, as amended, to buyers located in the several States of the -United States other than the State of Froll(h 111 \\which respondent is located. Respondent transports or eanses such citrus fruit, when sold, to be transported from its place of business or packing plant in the State of Florida, or from other plac0s TVithin the State, to such buyers or to the buyers' customers located in various other States of the rnited States. Thus, there 112.5 been at nil times ment.ioned herein a continuous course of trade in commerce in said citrus fruit across state lines between said respondent md the respective buyers of such fruit. . 4. In the course and conduct of its business as aforesaid respondent has been and is now making substantial sales of citrus frnit to some, but. not all, of its brokers and other direct buyers purchasing for thejr olin 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 direct buyers on their own purchases, a commission ) brokerage, or other compensation or an allo\Vflnce or discount in lieu thereof. in connection therewith. PAH. 5. The acts and prflc6ces of respondent, as above alleged and c1escribec1 are in violation of subsection (c) of Section :2 of the C1::vton Act, as amended (D. C. Title 15, Section 13). GSl- )T-G:::- ;j\,1 914 FEDERAL TUADE COM2\ISSION DECISIONS Decision 58 F.

311' . Oecil G. llIiles and llfr. Err,-est G. Bcrl'W8 for the Commission. TVinderweedle, Hc,;nes, H,mter cD TV arc! of \Vinter Park, Fla., by 11f1. H"rold A. W"Td, Ill for respondent.

INITIAL DECISION BY VVILLIA3f L. PACK, I-IEARING EXAMINER The complaint in this matter charges the respondent with violation of Section 2 (e) of the Clayton Act as amended. An agreement for disposition of the proceeding by means of a consent order has now been executed by respondent and its counsel and counsel supporting the complaint and submitted to the hearing examiner for his consideration. Attached to and made a part of the agreement is a stipulation entered into by the same parties for the purpose of making clear the intent of the complaint and of the proposed order to cease and desist. The "''lord " agreement" as used hereinafter will include the stipulation.

The agreement provides, among other things, that respondent admits an of the jurisdictional anegations in the complaint; that the record on which the initial decision and t116 decision of the Commission shan be based shall consist solely of the complaint and the agreement; that the inclusion of findings of fact and conclusions of la,, in the dec.slon disposing of this matter is waived, together with any fnrtJ1er procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in c1isposit.jon of the proceeding: such order to have the same force and enect as if entered after a fun l1enring, respondent specificany vmiving any and all rights to challenge 01' contest the validity of such order; that the order may be altered, modified or set aside in the mfll1Bei' provided for other' orders of the Commission; that the complaint may be used in construing the terms of tlle order; and that the agreement is for settlement purposes only and does not constitute an admission by respondent that it has violated the law as alleged in the complaint.

The hearing examiner having considered the agreement and proposed order, and being of t11e opinion that they provide an ftdequate basls :for appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the followjng order issued:

1. Respondent Square Deal Fruit Co. is a Florida corporation with its office and principal place of business located at Maitland Florida, with mailing address as Post Offce Box 35 , Maitland Florida.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent. CHASE & COMPANY , INC. 915 912 Complaint ORDER I t is o1Yle,' That the I' respondent Sqnare Deal Fruit Co. a corporation, and its officers: agents, representatives and employees, directly or through any corporate or other device, in connection with the sale of citrus Jruit or fruit products in commerce as "commerce is defined in the aforesaid Clayton Act, do forthwith cease and desist from:

Paying, granting or a.llowing, directly or indirectly, to any buyer or to anyone acting for or in behalf of: or who is subject to the direct or indirect control of SHch buyer, anything of value as a corn mission, brokerage, or other compensation, or any aJ10wance discount in lieu thereof, upon or in connection with any sale of citrus fruit or fruit products to such buyer for his own accouut. DECISION o.F THE CQ)DIlSSlOX AND ORDER TO FILE REPonT 01' CO::IPLIANm The Commission ha,ying now determined that the hearing examiner s initial decision: filed January 18: 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 is further ordered That the respondent sh"all 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 contained in the aforesaid initial decision.