Diamond Crystal Salt Co.

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

In THE Marrer oF DIAMOND CRYSTAL SALT CO.

MODIFIED ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 7 OF THE CLAYTON ACT Docket 7828. Modified order, July 11, 1961 Order modifying divestment order of Feb. 4, 1960 (56 F.T.C. 818), by excluding from its prohibition of future acquisitions, the purchase of three affiliated companies engaged in the sale of salt in small packets designed for use as individual servings.

Before Afr. Walter &. Johnson, hearing examiner. Mr. William J. Boyd, Jr. and Mr. Arthur J. Hessburg for the Commission.

Dickinson, Wright, Davis, McKean & Cudlkip, by Mr. Edward P. Wright, of Detroit, Mich., for respondent. ORDER RULING ON PETITION FILED JUNE 7, 1961, AND MODIFYING PARAGRAPH 4 OF THE ORDER TO DIVEST AND TO CEASE AND DESIST The respondent having filed a petition on June 7, 1961, which requests that the Commission approve the respondent’s proposed purchase of certain package manufacturing machinery and patents attendant thereto, the land and building housing such machinery, and the existing inventory now owned by three affiliated companies known as Unit-Packet Corporation, Packet Products Corporation and Hoag-Russell Company, which concerns have been engaged in the sale of salt in small packets designed for use as individual servings; and The Commission having issued its decision in this proceeding on February 4, 1960, containing its order to divest and to cease and desist, which order, among other things, prohibits the respondent from acquiring any time during the succeeding ten years the assets or share capital of any corporation in commerce and engaged in the business of producing and/or distributing salt; and the Commission having accordingly determined that respondent’s petition should be treated as a request that the order be duly modified to exclude the above purchase from its purview; and It appearing from the facts stated in the petition and in the answer filed by counsel supporting the complaint, which joins in the request that the petition be granted, that there is no reasonable probability that any of the anticompetitive effects proscribed by the relevant. statute will result from the proposed purchase, and the MARADO TRADING CORP. ET AL. 45 44 Complaint Commission having further determined that the public interest now requires that this proceeding be reopened solely for the purpose of altering and modifying the order so that it shall not prohibit the respondent from effectuating such acquisition: It is ordered, That this proceeding be, and it hereby is, reopened and that paragraph 4 of the order to divest and to cease and desist be, and it hereby is, modified to read as follows: (4) lé is further ordered, That for a period of ten years from February 4, 1960, the respondent shall cease and desist from acquiring, directly or indirectly, through subsidiaries or otherwise, by merger, consolidation, or purchase, the physical assets, stock, share capital of, or any other interest in any corporation, in commerce, engaged in the business of producing and/or distributing salt in any form, specifically including salt in a dry state produced by anv dry mining method, or produced by any evaporation method, and salt in brine; provided, however, that the respondent shall not be prohibited hereby from effectuating the proposed purchase of the assets referred to in the first paragraph of the Commission’s order ruling on the petition filed by the respondent on June 7, 1961.