American Cyanamid Co. et al.
Volume 63 · 63 F.T.C. 1747
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American Cyanamid Co. et al., 63 F.T.C. 1747 (1963). Consumer Law Library, https://consumerlawlibrary.org/decisions/v063-0104
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In the Matter of
AMERICAN CYANAMID CO. ET AL.
ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT
Docket 7211. Complaint, July 28, 1958—Decision, Dec. 17, 1963
Final order modifying desist order of August 8, 1963, page 1895 herein requiring six antibiotic manufacturers and distributors accounting for 100% of the industry's sale of tetracycline, to cease concerted price fixing and collusive
AMERICAN CYANAMID CO. ET AL. 1747
1692 Syllabus
similar products in commerce, as “commerce” is defined in the Clayton Act, do forthwith cease and desist from: (1) Knowingly inducing, or knowingly receiving or accepting, any discrimination in the price of such products by directly or indirectly inducing, receiving or accepting from any seller a net price respondents know or should know is below the net price at which said products of like grade and quality are being sold by such seller to other customers who in fact compete with respondents in the resale and distribution of such products. (2) Maintaining, operating, or utilizing respondent National Parts Warehouse or any other organization as a means or instrumentality to induce or receive discounts or rebates which result in a net price respondents know or should know is below the net price at which said products of like grade and quality are being sold by such seller to other customers who in fact compete with respondents in the resale and distribution of such products. The provisions of this paragraph (2) are not applicable to respondent National Parts Warehouse or respondent Bryant M. Smith, Sr.
For the purpose of determining the “net price” under the terms of this order, there shall be taken into account all discounts, rebates, allowances, deductions or other terms and conditions of sale by which net prices are effected.
It is further ordered, That the aforesaid respondents 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 the order to cease and desist.
By the Commission, Commissioner Elman not concurring and Commissioner Higginbotham concurring.