The Grand Union Company

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IN THE J\L TTEH OF THE GRAND UNION COMPANY ORDER : ETC. : IX REGARD TO THE ALLEGED VIOL,\TION OF THE FEDERAL TRADE co:\nnSSION ACT Docket 6973. Compla.int, Dec. 5, 195" Dectsion, .4-1)1. 13 , 1964 Order modifying, pursuant to a decision of the Court of Appeals, Second Circuit of Feb. 7, 1962, 300 F. 2d 92, 7 S.&D. 329, a cease and desist order of Aug. 12 1960, 57 F. C. 382 , requiring a large Rupcl'market chain to cease inducing and receiving advertising and promotional services from some of its suppliers ;which discriminated against it nonfayored competitors, by limiting the language of the order to the particular practice. found to violate the statute. l\IomYIED ORDER TO CEASE AND DESIST Respondent having filed in the United States Court of Appeals for the Second Cireuit. its petition to review and set aside the order to cease and desist issued herein on A ugnst 12, 1960; and the court on February 7, 1962-, having filed its opinion and on April 27, 1962, having entered its fina.l decree modifying and, a,s modified, affirming and en. forc.ing sa.id order to cease and desist; and the time allowed for filing a petit.ion for certiorari ha.ving expired and no such petition having been filed;

LV , therefore, it is hereby oTdm' That the aforesaid order to cease and desist be, and it hereby is, modified, in accordance with the said final decree of the Court of Appeals, to read as follows: It is o1Yle1'd That respondent The Grand Union Company, a corporation, its offeers, employees, agents or representatives, directly or through any corporate or other device, in connection with the purchase in commerce (as "commerce" is defined in the Federal Trade Commission Act) of grocery products or related merchandise, do forthlvith cease and desist from:

Receiving, or inducing and receiving, the benefit of anything of value from any of its suppLers through any third person (but not directly from said supplier), as compensation or in consicleration for any advertising o:r promotional display services or facilities furnished by or through respondent in connection with 290 FEDERAL TRADE CO:VIMISSIOX DECISIOKS Modified Order to Cease and Desist G5 F. the sale or offering for sale of products sold to respondent by any of its suppliers, when respondent knows, or should know that such benefit is not affrmatively offered or otherwise made available by such suppliers on proportionally equal terms to ajj their other customers competing with respondent in the sale and distribution of the suppliers' products.