Francis Carl Ford

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

IN THE NL\1vl'ER OF FRANCIS CARL FORD DOING BUSINESS AS F. C. FORD BROKERAGE CO.

CONSENT ORDER, ETC., IN REGARD TO TI-IE .ALLEGED VIOLATION OF SEC. 2 (c) OF THE CLA YTON ACT Docket 8131. Complaint, Sept, 21' 1960-Dcei8ion, Sept. 20, 1961 Consent order requiring a Lakeland, Fla., broJi::er of citrus fruit and produce to cease violating Sec. 2 (c) of the Clayton Act by accepting from Florida sup- 6!)3-4nO-(j4- Complaint 59 F.

pliers unlawful brokerage on his own purchases for resale, such as a discount at the rate of 10 cents per 1% bushel box, or a lower price reflecting such commission.

CO1\IPLAINT The Federal Trade Commission, having reason to believe that the party named in the caption hereof, and hereinafter more particularly described, has been and is now violating the provisions of subsection (c) of Section 2 of the Clayton Act, as amended (U. C. Title 15 Section 13), hereby issues its complaint stating its charges with respect thereto as follows:

PARAGRAPH 1. Respondent Francis Carl Ford is an individual trading and doing business as F. C. Ford Brokerage Co. ,with office and principal place of business located at Room 310 :Marole Area.de Building, Lakeland, Florida, with mailing address as Post Office Box 467 Lakelanc1, Florida.

PAR. 2. Respondent is now, and for the past several years has been engaged in business as a broker, and in the course of this business he represents and has represented various packer- principals in the sale and distribution of citrus fruit, produce and other food products hereinafter sometimes referred to as food products. In particular respondent has represented, and now represents, a number of citrus fruit paekers located in the State of Florida in the sale and distribution of citrus fruit, for which respondent was and is paid for his services in connection therewith a brokerage or commission, usually at the rate of 10 cents per 13/5 bushel box, or equivalent. A substantial part of respondent's business is acting in the capacity of a buying broker purchasing citrus fruit for his own account for resale. PAR. 3. In the course and conduct of his business for the past several years, in representing packer-principals, as \fell as ,,-hen purchasing for his own account, respondent has, directly or indirectly, caused such citrus fruit or produce, when sold or purchased, to be shipped and transported from various packers' paeking plants or places of business located in the State of Florida to respondent's customers located in many States other than the State of Florida. Thus, for the past several years, respondent has been, and is now, engaged in a continuous course of trade in commerce, as "commerce" is defined in the aforesaid Clayton Act, as amended.

PAR. 4. In the course and conduct of his business in c.0111merce, as afore.sa,ic1, during the past several years, but more partic.ularly since Septernber 1, 1958 to the present. time, respondent has made, find is now making numerous and sllbstn.ntial purchases of eitrus fruit and produce for his own account for resin.Ic fronl various packers or sellers F. C. FORD BROKERAGE CO. 531 52D Decision on which purchaseB said respondent has received and accepted, , and is now receiving and accepting, directly or indirectly, from said packers or sellers, something of value as a comnlission, brokerage, or other compensation, or an allowance or discount in lieu thereof, in connection therewith.

01' example, respondent has made substantial purchases of citrus fruit for his own account from various packers or sellers located in the State of Florida and has received from these packers or sellers on said purchases, a brokerage or commission, or a discount in lieu thereof usually at the rate of 10 cents per 13/5 bushel box, or equivalent. In many instances, respondent re,eelyes a )O\yer price. from the pac.kers which reflects said brokerage or commission. PAR. 5. The acts and practices of respondent in receiving and accepting a brokerage or commission, or an a.allowance or discount in lieu thereof, on his own purchases, as herein alleged and described are in violation of subsection (c) of Section 2 of the Clayton Act, as amended (U. C. Title 15, Section 13).

DECISION AND ORDER This matter having come on to be heard by the Commission upon a record consisting of the Commission s complaint charging the respondent named in the caption hereof with violation of subsection (c) of Section 2 of the Clayton Act, as amended, and an agreement by and between respondent and counsel supporting the complaint, which agreement contains an order to cease and desist, an admission the respondent of all the jurisdictional facts alleged in the complaint a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that he has violated the law as alleged in the complaint, and waivers and provisions as required by the Commission s rules; and The Commission having considered the agreement and order cont ained therein and being of the opinion that the agreement provides an adequate basis for appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional findings are made, and the following order is entered: 1. Respondent Francis Carl Ford is an individual doing business as F. C. Ford Brokerage Co. under and by virtue of the laws ot the State of Florida, with his office and principal1 place of business located at Room 310 :MaTole Building, in the City of Lakeland, State of Florida, with mailing address as Post Ofiic.e Box 467, LakeInnc1 Florida.

2. The Federal Trade Commission ,has jurisdiction of the subject matter of this proceeding and of the respondent. Complaint 59 F.

ORDER It is orde'J'ed That respondent Francis CaTl Ford, individually and doing business as F. C. Ford Brokerage Co., and respondent's agents representatives and employees, dire~t.1y or through any corporate partnership, sole proprietorship, or other devic.e, in connection with the purchase of c.itrus fruit or produce, in commerce, 'as "commerce is defined in the Clayton Act do forthwith cease and desist from: eeeivingor accepting, directly or indirectly, from any seller, anything of value as a commission, brokerage, or other compensation, or any allowance or discolUlt in lieu thereof, upon or in collllection with any purchase of citrus fruit or produce for respondent' s own account or where respondent is the agent, representative, or other intermediary acting for or in behalf, or is subject to the direc,t or indirect control, of any buyer.

It is further orde')'ed That the respondent herein shall, within sixty (60) days after service upon him of this order, file with the Comn1ission a report in writing setting forth in detail the man:ner and form in which he has complied with this order.