Charles A. Rogers, Sr.

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In tur Matrer oF CHARLES A. ROGERS, SR., ET AL. DOING BUSINESS AS CHAS. A. ROGERS & SONS CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2(c) OF THE CLAYTON ACT Docket C-282. Complaint, Sept. 12, 1962—Decision, Sept. 12, 1962 Consent order requiring a Texas fruit packer to cease violating Sec. 2(c) of the Clayton Act by paying commissions or discounts on a large number of purchases of citrus fruit by brokers and direct buyers for their own accounts for resale.

Complaint The Federal Trade Commission, having reason to believe that the parties respondent named in the caption hereof, and hereinafter more particularly described, have been and are now violating the provisions of subsection (c) of Section 2 of the Clayton Act, as amended (U.S.C. Title 15, Sec. 18), hereby issues its complaint, stating its charges with respect thereto as follows:

ParacrapH 1. Respondent Charles A. Rogers, Sr., Charles A. Rogers, Jr., and William M. Rogers are individuals and copartners doing business as Chas. A. Rogers & Sons, with their office and principal place of business located at Donna, Texas, with mailing address as P.O. Box 1088, Donna, Texas.

Par. 2. Respondents are now and for the past several years have been engaged in the business of packing, selling and distributing citrus fruit, such as oranges, tangerines and grapefruit, all of which are sometimes referred to as citrus fruit or fruit products. Respondents sell and distribute their products directly, and in many instances through brokers, to buyers located in various sections of the United States. When brokers are utilized in making sales, respondents pay said brokers for their services a brokerage or commission, usually at the rate of 5 cents per carton or 10 cents per 134 bushel box or equiv- 728-122—65 37:

Decision and Order 61 F.T.C.

alent. Respondents’ annual volume of business in the sale and distribution of citrus fruit is substantial.

Par. 3. In the course and conduct of their business over the past several years, respondents have sold and distributed, and are now selling 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 Texas in which respondents are located. Respondents transport, or cause such citrus fruit, when sold, to be transported from their place. of business or packing plant in the State of Texas, 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 said citrus fruit across state lines between said respondents and the respective buyers thereof.

Par 4. In the course and conduct of their business, as aforesaid, respondents have been and are now making substantial sales of citrus fruit to some, but not all, of their brokers and direct buyers purchasing for their own account for resale, and on a large number of these sales respondents paid, granted or allowed, and are 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 respondents in paying, granting or allowing to brokers and direct buyers a commission, brokerage or other compensation, or an allowance or discount in leu 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.S.C. Title 15, Sec. 18).

Decision AND ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation of subsection (c) of Section 2 of the Clayton Act, as amended, and the respondents 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 respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by respondents 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 CHAS A. ROGERS & SONS 567 565 Decision and Order respondents that the law has been violated as set forth in such complaint, 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 agreement, makes the following jurisdictional findings, and enters the following order:

1. Respondents Charles A. Rogers, Sr., Charles A. Rogers, Jr., and William M. Rogers are individuals and copartners doing business as Chas, A. Rogers & Sons, with their office and principal place of business located at Donna, Texas, with mailing address as P.O. Box 1088, Donna, Texas.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents. ORDER Lt ts ordered, That the respondents Charles A. Rogers, Sr., Charles A. Rogers, Jr., and William M. Rogers, individually and as copartners doing business as Chas. A. Rogers & Sons, their 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 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 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 is further ordered, That the respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order. Complaint, 61 E.T.C.