Continental Products, Inc.

Text (OCR of the scan at left; may contain errors)

IN THE 1\iA'IER OF CONTINENTAL PRODUCTS, INC., ET AL.

onion, OPINION, ETC., IN Regard TO THE ALU:GED VIOLATION OF THE Federal TRADE cO:.I1nSSION ACT Docket 8517. Complaint, June 19GB-Decision, Apr. , 1964 Order requiring Chicago sellers of various articles of merchandise, including jewelry, cameras, typewriters, hardware, SI)Orting goods and appliances to retailers and to the public direct, to cease representing falsely tllat their merchandise was offered for sale at wholesale prices by such statements in catalogs and circulars as "* .. It a wbolesale catalog '" '" '" at the lowest wholesale prices" " * general wholesale merchandise * * "' " The evidence is insuffcient to support the allegation in the complaint challenging respondent' s use of the term "retail price COMPLANT Pursuant to the provisions of the Federal Trade Commission Act and by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that Continental Products Inc., a corporation, and Gaxrison G-rawoig, Allen Grawoig, Earl ,Y. Gmwoig, Richard N. Gra' oig ,md Paul I. Mayer, individually and as offcers of said corporation, 11creinafter referred to as respondents, have violated the provisions of said Act., and it appearing to the 818-121--70-- CONTINENTAL PRODUCTS , ET AL. 361 315 Complaint paragraphs 32 and 33, paragraphs 63 through and including paragraph 80, paragraphs 91 through and including paragraph 104; by striking from the conclusions paragraph 6; a.nd by substituting therefor the findings and conclusions of the accompanying opinion. It is further ordered That the initial decision as above modified and as modifed in the accompanying opinion he, and it hereby is, adopted as the decision of the Commission.

Commissioner :Maclntyre not concurring for the reason that he considers this to be a price discrimination case of a fundamental type where competitive opportunities of small business retailers arc substantially adversely affected hy a continuing 10% price discrimination in favor of the large cha.ins with which they "keenly" compete and consequently, believes that minimally this matter should be handled in the same manner as Federal Trade Commission Docket No. 8513 In the Mattet of .Atlantic Products C01'1oration, et al (December 13 1963) (63 F. C. 2237J. Commissioner Reilly not participating for the reason that h did not hear oral argument.