Eustis Fruit Company, Inc.

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IN THE MATTER OF EUSTIS FRUIT COMPANY, INC.

COKSENT ORDER, ETC., IN REGARD TO TH ALLEGED VIOLATION OF SEC. 2(c) OF THE CLAYTON ACT Docket 0--6. Complaint, Jan. 24, 1962-Decision, Jan. 24, 1962 Consent order requiring a Eustis, Fla., packer of citrus fruit sellng its products both directly to purchasers and through brokers, to cease violating Sec. 2(c) of the Clayton Act by paying a commission or other compensation in lieu thereof to brokers and direct buyers purclmsing for their own accounts for resale.

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

PARAGRAH 1. Respondent Eustis Fruit Company, Inc., is a corporation organized, existing and doing business under a.nd by virtue of the laws of the State of Florida, with its offce and principal place of business located at 114 Lemon Street, Eustis, Florida, with mailing address as P.O. Box 988, Eustis, Fla.

PAR. 2. Respondent is now and for the past several years has been engaged in the the business of packing, selling and distributing citrus fruit, such as oranges, tangerines and grapefruit, all of which are hereinafter sometimes referred to as citrus fruit or fruit products. Respondent sells and distributes its citrus fruit directly, and in many instances through brokers, to buyers located in various sections of the United States. When brokers are utilized in making sales, respondent pa:ys said brokers for their services a brokerage or commission EUSTIS FRUIT CO. , INC. 207 206 Decision and Order usually at the rate of 5 cents per carton or 10 cents per 1% bushel box or equivalent. Respondent's annual volume of business in the sale and distribution of citrus fruits is substantial. PAn. 3. In the course and conduct of its business over the past several years, respondent has sold and distributed and is now sellng and distributing 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 said state, to such buyers or to the buyers' customers located in various other states of the United States. Thus there has been, at all times mentioned herein, a continuous course of trade in commerce in citrus fruit across state lines between said respondent and the respective buyers thereof.

PA.. 4. In the course and conduct of its business, as aforesaid, re. spondent has been and is now making substantial sales of citrus fruit to some, but not all, of its brokers and direct buyers 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. PAR. 5. The acts and practices of respondent in paying, granting or allowing to brokers and direc.t buyers a commission, brokerage or other compensation, or an allowance or discount in lieu thereof, on their own purchases, as above alleged and described, are in violation of subsection (c) of Section 2 of the Clayton Act, as amended (U. Title 15, Sec. 13).

DECISION AND ORDER The Commission having heretofore determined to issue its complaint charging the respondent named in the caption hereof with violation of subsection (c) of Section 2 of the Clayton Act, as amended, and the respondent having been served with notice of said determination and with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondent and counsel for the COllullission having thereafter executed an agreement containing a consent order, an admission by the respondent of al1 the jurisdictional facts set forth in the complaint to issue herein, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admbsion by re- &, 208 FEDERAL TRADE COM.'\ISSION DECISIONS, Syllabus 60 F. T.

spondent that the law has been violated as set forth in such compJaiut and waivers and provisions as required by the Commission s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint in the form contemplated by said agree- Inent, makes the following jnrisclictional findings and enters the following order:

1. Respondent Eustis Fruit Company, Inc. , is a corporation organized, existing and doing business under and by virtue of the la of thc State of Florida, with its oilcc anel principal place of business located at 114 Lemon Street, Eust.is, Fla., with mailing addres ) as Post Offce Box 088, Enstis, Fb.

2. The Federal Trade Commission has jurisdiction or the subject matter of this proceeding a,ncl of the respondent. ORDER It is onleTecl That the respondent Eustis Fruit Company, Inc. , a corporation, and its offcers, agents, representatives and employees directly or through (thy corporate or other device, in connection with the sale of citrus fruit, or fruit products, in commerce, as "commerce is defined in the Cla,ytOll Act, as arnendecl, 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 dire, or indirect control of such buyer, anything of value ns a commission brokerage, or other compensation, or any ahon-ance or discount in lieu thereof, upon or in connection with any sale of citrus fruit or fruit products to such buyer for his o,yn account. It i8 JUTthe,' onle?'ed That the respondent herein shall, within sixty (60) days after service upon it or this order, file wlth the Commission a report in writing setting forth in detail the manner and form in