Teal Traina, Inc.

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

I X TJ-IE l\L\ TTER OF TEAL TRAINA, INC.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2 (d) OF Tile CLAYTON ACT Docket 0-772. Complaint, June 30, 1964-Decision, June 30, 1964* Consent order requiring a ::ew York City seller of wearing apparel to cease violating Sec. 2(d) of the Clayton Act by discriminating in the payment of promotional allowances among competing reseUers of its products, effective date postponed until further order of the Commission. "This order was ilr:r1e effective on, Aug. 9, 1965, Bee Abbv Kent 00., Inc., et al.. docket No. C-328, et al. Aug. , 1905. 1256 FEDERAL TRADE CO:\DIISSIOX DECISIONS Decision and Order GJ F.

C01lPLAI The Federal Trade Commission, having reason to believe the respondent named in the caption hereof has yiolatcd and is now violating the provisions of subsection (d) of Section 2 of the Clayton Act as amended by the Robinson-Patman Act (U. , Title 15, Sec. 13), and it appearing to the Commission that a proceeding by it in respect thereto is in the interest of the public, the Commission hereby issues its complaint stating its charges as follows: PARAGRAPH 1. The respondent is a corporation engaged in commerce as "commerce" is defined in the amended Clayton Act, and seBs and distributes its wearing apparel products from one state to customers located in other states of the United States. The sales of respondent in commerce are substantial.

PAR. 2. The respondent in the course and conduct of its business in commerce paid or contracted for the payment of something of value to or for the benefit of some of its customers as compensation or in consideration for services and facilities furnished by or through such customers in connection with their sale or offering for sale of wearing apparel products sold to them by respondent, and such payments were not made available on proportionally equal terms to a110ther customers competing with favored customers in the sale and distribution of respondent's wearing apparel products.

PAR. 3. Included among, but not limited to, the practices alleged herein, respondent has granted substantial promotional payments or allowances for the promoting and advertising of its wearing apparel products to certain department stores and others who purchase respondent's said products for resale. These aforesaid promotional payments or allowances were not offered and made available on prop ortionally equal terms to a11 other customers of respondent who compete ,vi,th said favored customers in the sale of respondents wearing apparel products.

PAR. 4. The acts and practices alleged in Paragraphs One through Three are a11 in violation of subsection (d) of Section 2 of the Clayton \ct, as amended by the Robinson-Patman Act. DECISION AND OUDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and subsequently having determined that complaint should issue, and the respondent having entered into an agreement contain.ning an order to cease (lnd desist from the practices being inyestignted and TEAL TRAINA, IKC, 1257 1255 Decision and Order having been furnished a copy of a draft,t of complaint to issue herein charging it with violation of subsection (d) of Section 2 of the Clayton Act, as amended, and The respondent having executed the agreement containing a consent order which agreement contains an admission of all the jurisdictional facts set forth in the complaint to issue herein, and a statement that the :.igning of the said agreement is for settlement purposes only and does not constitute an admission by the respondent that the law has been violated as set forth in such complaint, and also contains the waivers nd provisions required by the C01nmission s rules; and The Commission, having considered the agreement, hereby accepts the same, issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the following order:

1. Respondent Teal Traina, Inc., is a corporation organized and existing under the laws of the State of ew York, with its offce and principal place of business located at 550 Seventh Avenue, New York New York.

2. The Federal Trade Commission has jurisdiction of the subject nmttcr of this proceeding and of the respondent. OlmER It is ordered That respondent TEA 'l'I LNA , INC., a corporation, its offcers, directors, agents and representatives and employees, directly or through any corporate or other device, in the course of its business in commerce, as " commerce" is defined in the Clayton Act, as anwndecl do forthwith cease and desist from:

(1) Paying or contracting for the payment of anything of value , or for the benefit of, any customer of the respondent as compensation or in consideration for advertising or pl'Oll1otional services, or any other service or facility, furnished by or through such customer in connection with the handling, sale or offering for sale of wearing apparel products manufactured, sold or offered for sale by respondent, unless such payment or consideration is made available on proportionally equal terms to all other customers competing with such favored customer in the distribution or resale of suchproc1ucts.

It is further ordered That the effective date of this order to cease and desist be and it hereby is postponed until further Order of the COlnmission.

313-121--70--- 1258 FEDERAL TRADE CO IMISSION DECISIONS Complaint G5 If.

Ix THE J\L\ TTEH OF MAX WIESEK & SONS, INC.

CO:NS:rIN'I' ORDER ETC. IN REGARD TO THE ALLEGJ D Viohtion OF SEC. 2(d) OF THE OLAYTON ACT Docket 0-773. Oomplaint, June 30 , 19G, Deci:ijion, J1tne 30 , 19G-4* Consent order requiring a New York City seller of werlling apparel to cease violating Sec. Zed) of the Clayton Act by discriminating in the payment of promotional allowances among competing rescUers of its proclucts, effective date postponed llnti further order of the Commission. CO?lfPLAIXT The Federal Trade Commission, having reason to believe the re spondent named in the caption hereof 11a,s violated and is now violating the provisions of subsection (d) of Sedion :; of the Clayton Act, as amended by the Robinson-Patman Act (V. , Title 15, Sec. 13), and ir appearing to the Commission that a proceeding by it in respect thereto is in the interest of the public, the C01nmission hereby issues iis complaint stating its charges as follows: PARAGRAPH 1. The respondent is a corporation engaged in commerce as ';commerce ' is defined in the amended Clayton Act, and sells and distributes its wearing apparel products from one state to customers located in other states of the United States. The sales of respondent in commerce are substanti al.

PAn. 2. The respondent in the course and conduct of its business in commerce paid or contracted for the payment of something of value to or for the benefit of some of its cust.omers as compensation or in consideration for services and facilities furnished by or through such cllstomers in connection with their sale or offering for sale of wearing apparel products sold to them by respondent, and such payments were not made available on proportjonally equal terms to all other customers competing with favored customers in the sale and distribution of respondent' s wearing apparel products.

PAR. 3. Included among, but not limited to, the practices alleged herein, respondent has granted subst.antial promotional payments or allowances for the promoting and advertising of its wearing apparel product.s to c;certain department stores and others who purchase respondent' s sa.id products for resale. These aforesaid promotional pay- "This order was illlde effective on, Aug. 9 , 1965, see Abby Kent Go., Inc., et at.,docket o. C-328, et 01., Aug. 9 1965. l\JAX WIESEN & SOl'rs . INC. 1259 1258 DeciEOiol1 and Order mCllts or allowances \ycrc not offered and made available on proportionally equal terms to all other cllsiDmel'S of respondent who compete ,with said favored customers in the saJe of responclenfs wearing apparel products.

PAR. 4. The acts and practices alleged in Paragraphs One through Three are all in violation of 3UlJ CCtiOll (cl) of Section :2 of the Clryton Act. as amended by the Robinson- Patman Act. DECISION ORDER The Federal Trade Commission having iriitiated an investigation of certain acts and practices of the respondent Hamed in the caption hereof: and subsequently having; deterrninecl that complaint should i8- 3UC: fmd the respondent having entered into an agreement containing an order to cease flnd desist from the practices being ilyn3stigated and having been furnished a copy of g drait of conlplaint to issue herein charging it with violat.ion of subsection (cl) of See-6011 :2 of the Cla.yton Ael as The respondentamended,havingandexecuted the agreement containing a consent order \which agreement contains an admission of 0.11 the jurisdictional facts set forth in the complaint to issue herein, and a stat.ement that the signing of t.hesaid agreement is for settlement purposes only and does not constitute an admission by the respondCllt that the law has been violated as set forth in such complaint, and also contains the waivers and provisions required by the Commission s rules; and The Conm1ission, having considered the agreement, hereby accepts the same, issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the fol- JOlTing order:

1. Respondent Max Wiesen & Sons, Inc., is a corporation organized and existing under the laws of the State of New York, with its offce and principal place of business located at 463 Seventh Avenue, New Yark: K cw York.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of tile respondent. ORDER It is ordered That respondent MAX WIESEN & SON'S : INC. : a corporation, its offcers: directors, agents and representatives and employees, directly or through any corporate or other device, in th" course of its business in commerce, as "commerce" is defined in the Clayton Act, as amended, do forthwith cease and desist from: (1) Paying or contracting for the payment of anything of value to, or for the benefit of, any customer of the respondent as , , 1260 FEDERAl.. TRADE co gnssIO DECISIONS Complaint compensation or in consideration for ac1n rtising or prollotional se1'.ice, or any other service or facility, furnished by or through such customer in connection with the handling, sale or oife,ring for sale of ,,-hearing apparel products manufactured, sold oroifcl'cd for sale by respondent, unless such payment or consideration is made available on proportionally equal terms to all other customers competing with such favored customer in the distribution or resale of sllch products.

It is fUTtlwT ordered That the effective date of this order to cease and desist be and it hereby is postponed until further Order of the Commission.

Ix THE ::UATTER OF LANZ ORIGIXALS, !XC.

CONSE T ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2 (d) OF THE CL\ YTON ACT' Docket 0-77.J. COlnplaint June SO, 1964-lJecisiun, June 30 , 196.1: Consent order requiring a Los Angeles, Calif., seller of wearing apparel to cease yioInting Sec. 2(d) of the Clayton Aet by discriminating in the payment of promotional allowances among competing- resellers of its vrocluots, effectiw date postponed until further order of tbe Connnis ion. CO:\:IPLAIKT The Federa.l Trade Commission, having reason to believe the respondent named in the caption hereof has violated and is no\\ violating the provisions of subsection (d) of Section 2 of the Clayton Act, as amended by the Robinson-Patman Act (D. C., Title 15, Sec. 13), and it appearing to the Commission that a proceeding by it in respect thereto is in the interest of the public, the Commission hereby issues its complaint stating its charges as follmvs: P ARAGRAPII 1. The respondent is a corporation engaged in conunerce as "commerce" is defined in the amended Clayton Act, and sells and distributes its wearing apparel products from one state to customers located in other states of the l:united States. The sales of respondent in commerce are substantial.

PAR. 2. The respondent in the course and conduct of its business in commerce paid or contracted for the payment of something of value to or for the benefit of some of its customers as compensation or in con- *This order was made effective OD , A\1g. 9 , 1965 , see Abby Kent Co., Inc. , et aI. docket Xo. 328, et 111., Aug. 9, 1965. LAXZ ORIGIXALS , INC. 1261 12GO Dedsion and Order sideration for services and facilities furnished by or through such customers in c01l1ection with their sale or offering for sale of wearing apparel products sold to them by respondent, and such payments were not made available on proportionally equal terms to all other customers competing with favored customers in the sale and distribution of respondent' s wearing apparel products. PAR. 3. Included among, but not limit.ed to, the practices alleged herein, respondent has granted substantial promotional payments or alJmvances for the promoting and advcrt.ising of its wearing apparel products to certain department stores and others who purchase respondent' s said products for resale. These aforesaid promotional payments or allowances were not offered and made available on proportionally equal terms to a11 other customers of respondent who COlnpete with said favored customers in the sale of respondent's wearing apparel products.

PAR 4. The acts and practices alleged in Paragraphs One through Three arc all in violation of subsection (d) of Section 2 of the Clayton Act, as mnended by the R.obinson Patman Act. DECISION A XD ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and snbsequently having determined that complaint should issue: and the respondent having entered into an agreement containing an order to cease and desist from the practices being investigated and having beell furnished a, copy of a draft of complaint to issue herein charging it with violat.ion of subsection (d) of Section 2 of the Clayton Act. as amended, and The respondent having executed the agreement containing a consent order \"which agreement contains an admission of all the jurisclictiona.l facts set. forth in the complaint to issue herein, and a statement that the signing of the saiel agreement is for settlement purposes only and does not constitute, an ftdTni sion by the respondent that the la,w has been violated as set forth in such compla.int, and also contains t.he waivers and provisions required by the Commission s rules: t'!Jd '1' he CoiTImission, having considered the agreement, hereby accept!' t.he same, iesues its complaint in the form contemplated by said agree- 1lent makes the follo,, ing jurisdictional findings, and enters the following order:

1. Respondent Lanz Originals Inc" is a corporation organized and exjsl-ing under the laws of the State of Ca.lifornia, with its offc.e and , .

1262 FEDERAL TRADE CO:MISSION DECISIONS Syllabus 65 F. T.

principal place of business located at 6150 Wilshire Boulevard, Los Angeles 48, California.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent. onder It is ordered That respondent LANZ ORIGINALS, I , a corporation its offcers, directors, agents and representatives and employees, directly or through any corporate or other device, in the course of its business in commerce, as "commerce" is defined in the Clayton Act, as amended, do forthwith cease and desist from: (1) Paying or contracting for the payment of anything of value to, or for the benefit of, any customer of the respondent as compensation or in consideration for advertising or promotional services, or any other service or facility, furnished by or through such customer in connection with the handling, sale or offering for sale of wearing apparel products manufactured, sold or offered for sale by respondent, unless such payment or consideration is made available on proportionally equal terms to all other customers competing with such favored customer in the distribution or resale of such products.

It is further ordered That the effective date of this order to cease and desist be and it hereby is postponed until further Order of the Commission.

Ix THE l\1.\.TTER OF SMOLER BROS., INC.

CONSENT ORDER, ETC., IN REGARD TO TH ALEGED VIOLATION OF SEC. 2 (d) OF Tile CLAXTON ACT Docket C-775. Complaint, June 30, 1964-Dec-ision. June 30 19C4':" Consent order requiring a Chicago, Ill., seller of wearing apparel to cease vio. lating Sec. 2(d) of the Clayton Act by discriminating in the payment of promotional allowances among competing resell1ers of its products, effective date postponed until further order of the Commission. "'This order was made efrecUve OD , Aug. 9 , 196ri, Bee Abby Kent 00., Inc., et al., docket :Ko. 328 et nt, Aug. 9, 1\165.

SMOLER BROS. Ij\ 1263 1262 De.cision and Order COMPLAINT The Federal Trade Commission, having reason to believe the respondent named in the caption hereof has violated and is now violating the provision of subsection (d) of Section 2 of the Clayton Act as amended by the Robinson-Patman Act (U. , Title 15, Sec. 13), and it appearing to the Commission that a proceeding by it in respect thereto is in the interest of the public, the Commission hereby issues its complaint stating its charges as follows: PARAGRAPH 1. The respondent is a corporation engaged in commerce, as "commerce" is defined in the amended Clayton Act, and sells and distributes its wearing apparel products from one state to customers located in other states of the United States. The sales of respondent in commerce are substantial.

PAR. 2. The respondent in the course and conduct of its business in COlnmerce paid or contracted for the payment of something of value to or for the benefit of some of its customers as compensation or in consideration for services and facilities furnished by or through such customers in cOlmection with their sale or oflering for sale of ,yearing apparel products sold to them by respondent, and such payments were not made available on proportionally equal terms to all other cnstomeI'S competing -with favored customers in the sale and distribution of respondents' -wearing apparel products.

PAR. 3. Included among, but not limited the practices allege. herein, respondent has granted substantial promotional payments or allowances for the promoting and advertising of its wearing apparel products to certain department stores and others who purchase respondent's said products for resale. These afore. said promotional payments or allowances were not offered and made a 'Failable on proportionally equal terms to all other customers of respondent who compete with said favored cust.omers in the sale. of respondents wearing appttrel products.

PAR. 4. The acts and practices alleged in Paragraphs One through Three are all in violation of subsection (d) of Section 2 of the Clayton Act, as amended by t.he Robinson-Patman Act. DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and subsequently having deter1ined that complaint should issue, and the respondent having entered into an agreement containiug an order to cease and desist from the pra.ctices being investigated 1264 FEDERAL TRADB cO:VL\nSSIO DECISIONS Decision and OnIeI' 65 F.

and having been furnished ,1. copy of a draft of compla,int to iss11e herein charging it with violation of subsection (d) of Section 2 of the Clayton Act" as amended, and The respondent having executed the agreement containing a con sent order which agreement contains an admission of all the jurisdictional facts set forth in the complaint to issue herein, and a statement that the signing of the said agreement is for settlement purposes only and does not constitute an admission by the respondent that the 1a has been violated as set forth in such complaint, and also contains the waivers and provisions required by the Commission s rules; and The Commission, having considered the agreement, hereby accepts t.he same, issues its complaint in the form contemplated by said a.greement, makes the following jurisdictional findings, and enters the following order:

1. Respondent Smoler Bros., Inc., is a corporation organized and existing ll1der the laws of the State of Illnois, with its offce and princ.ipal place of business located at 2300 ,Vanansia A.venue, Chicago Ilinois.

2. The Federa,l Trade Commission has jurisdiction of the suhject matter of this proceeding and of the respondent. ORDER It is ordc1'ecl That respondent 81101er Bros., Inc., a corporation its offcers, directors, agents and representa6ves and employees, directly or through any corporate or other device, in the course of its busine-58 in commerce, as "co11merce" is defined in the Clayton Act, as amended, do forthwith cease anel desist from: (1) Paying or contracting for the payment of anything of nllue , or for the bene.ft of, any customer of the respondent as compensation or in consideration for advertising or promotional services, or any other service or facility, furnished by or through such customer in connection with the handling, sale or offering for sale of wearing appa.rel products manufactured, sold or offered for sale by respondent, unless such payment or consideration is made available on proportionally equal tenns to all other customers competing ,with such favored customer in the distribution 01' resale of such products.

I t is fwther ordered That the effective date of this order to cease and desist be and it hereby is postponed until further Order of the Commission.

RELIABLE :\:Ik UFACTURING COMP:\ ET AL. 1265 Complaint