Lake Region Packing Association

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IN THE l\L\.TIR OF LAKE REGION PACKING ASSOCIATION CONSENT armER, ETC. , IN REGARD TO THE ..o\ALLEGED VIOLATION OF SEC. 2(c) OF Tire- Ch-\.YTOX ACT Docket 0-76. Oomplaint, Feb. 19G2-Decision, Feu. , 1962 Consent order requiring Tavares, Fla. , packers of citrus fruit to cease violating Sec. 2(c) of the Clayton Act by granting cOilmissions or discounts on a large number of sales made 1:0 brokers anu other (lirect bu;yers purchasing for their own accounts for resale.

COl\fPLAINT The Federal Trade Commission, lmving reason to believe. that the party respondent named in the caption hereof, a.nd hereinafter more particularly described, has been and is nOli violating the provisions of subsection (c) of Section 2 of the Clayton Act, as amended (V. Title 15, Sec. 13), hereby issues its complaint, stating its charges with respect thereto as follows:

PARA.GR.-\PH 1. Respondent Lake R.region Packing Association is a cooperative association and a corporation organized, existing and doing business under and by virtue of the laws of t.he State of Florida with its offce and principal phce of business located at 11 South Earrmv Avenue, Tavares, Fla., with mfliling address as P.O. Box 1047, Tavares, Fla.

PAR. 2. Respondent is now and for the past several years has been engaged in the business of packi.ng, selling and distri.buting ci.trus fruit, such as oranges, tangerines and grapefruit, all of which are hereinafter sometimes referred to as citrns fruit or fruit products. R.respondent sells and distributes its citrus fruit directly, and in nlany instances through brokers, to buyers located in various sections of the United States. 1Vl1en brokers are utilized in making sales, respondent pays said brokers for their services a brokerage or c01runission, usually at the rate of .1 cents per carton or 10 cents per 10/5 bushel hox or erruivalent. Respondent's annual volume of business in the sale a.nc1 distribution of citrus fnlit is substantial. 274 FEDERAL TRADE COM:.fISSrOK DECISIONS Decision and Order 60 P AU. 3. In the course and conduct of its business over the past several years, respondent has sold a.nd distributed and is now selling and dist.ributing citrus fruit, in COlmnerce, as "commerce" is defined in the aforesaid Clayton Act, as amended, to buyers located in the several states or 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 it.s 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 Ioeated in various other states of the United States. Thus there has been, at ajj times mentioned herein, a continuous course of trade in commerce in citrus fruit across stat.e lines between said respondent and the respective buyers thereof.

PAR. 4. In the course and conduct of its business, as aforesaid, respondent has been a.nd is now making substantial sales of citrus fruit to some, but not all, of its broke.rs 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 pflying, granting or allowing to these brokers and of her direct buyers on their p'.lrchascs a commission, brokerage, or other compensat.ion, or au allowance or discount in lieu thereof, in c01lnection therewith. PAR. 5. The acts and practices of respondent in paying, granting or allo\ying to brokers and direct buyers a conll11ission, brokerage or ot.her compensat.ion, 01' tn allowance or discount in lieu thereof, on their own purchases, as above alleged and described, are in viol:ttioll of subsection (c) of Section 2 of the Clayton Act, as amended (U. Title 15, Section 13).

DECISION AND ORDER The C01umission having heretofore deternlinec1 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 Comnlission intended to issue, together with a proposed form of order; and Tho respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by t.he respondent of all 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 admission by respondent tlutt the law has been violated as set forth in such compla.int, and waivers and provisions as required by the C01nmission rules; and ALSCAP , IKC. , ET AL. 275 273 Syllabus The Commission, having considered the agreement, hereby accepts salne, issues its complaint in the form contemplated by said agree1l1ent makes the following jurisdictional findings, and enters the following order:

1. R.respondent La.ke R.region Packing Association is a cooperative association and a corporation organized, existing and doing business under and by virtue of the Jaws of the State of Florida, with its offce and principal place of business Jocated at 11 South BalTow Avenue Tavares, Fla., with mailing address as P. O. Box 1047, Tavares, Fla. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of therespondent. ORDER It i8 ordered That the respondent Lake Region P,wking Association, a corporation, and its officers agents, representatives and employees, directly or through any corporate or other device, in connection with the sale of citrus fruit, or fruit products, in commerce, as commerce" is defined in the Clayton Act, as amended, do fortlnvit.h cease and desist frolll l.ying, gran6ng, or a,llowing, directly or indh'ectly, to any buyer or to anyone acting for or in behalf of or who is subject to the 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 buyer for his own account. It i8 f1lrther ordel'ed That the respondent herein shall, within sixty (60) days after service upon it of this order, file with the Commission a report in writing setting forth in detail the maIDler and fonl1 in which it has complied with this order.