C. Ii Lwbinson Company and Xashfinch Comp_\Ny

Text (OCR of the scan; may contain errors)

violation.” Noting that the procedure to be followed by the Commission in determining the fact of violation is not spelled out in the Clayton Act, the Court declared that any reasonable and fair method or procedure not forbidden by statute would be appropriate. The Court then ruled that in the Commission’s investigational hearing there had been compliance with all requirements of statute and rule concerning procedure in that the company had full opportunity to cross-examine all witnesses and examine all documents and had full opportunity to contest the issue of violation of the order by introducing evidence. Additionally, the Court held that this record constituted “pleadings, evidence, and proceedings before the agency” within the meaning of Section 2112(b) of Title 28, United States Code,’ and that. it was properly filed asa part of the enforcement action. The order herein directs that the parties under investigation be accorded all of the rights and privileges provided in the Commission’s Rules of Practice governing hearings in adjudicative proceedings * which may be appropriate in a formal investigation. This, of course, includes the rights referred to by the Court in Washington Fish & Oyster, as well as others, one of which is the right of interlocutory appeal. Thus, if one of the parties is of the view that a particular ruling by the examiner is not in accordance with the Commission’s direction or is otherwise improper, the rules prescribe the procedure for obtaining a review of such ruling.

Since the issuance of its order herein on February 1, 1968, the Commission has made certain revisions in its Rules of Practice.® The rules revised include those specifically referred to in the order, and for the purpose of removing any question as to which rules now apply to this proceeding:

It is ordered, That the Commission’s order issued herein on February 1, 1963, 62 F.T.C. 1486, be, and it hereby is, amended by striking “Rule No. 1.34” from line two on page 1488 thereof and substituting therefor “Section 1.35,” and by striking “Section 4.13” in line six on page 1488 thereof and substituting therefor “Section 3.15.” Commissioner MacIntyre not concurring.

3“(b) The record to be filed in the court of appeals in such a proceeding [to review or enforce an order of an administrative agency] shall consist of the order sought to be reviewed or enforced, the findings or report upon which it is based, and the pleadings, evidence, and proceedings before the agency, board, commission, or officer concerned, * * *.” 4 Rules of Practice, Procedures and Organization, 27 Fed. Reg. (1962), Part 4, Subpart Ei. 5 Rules of Practice, Procedures and Organization, 28 Fed. Reg. (1963).