Falstaff Brewing Corporation
Volume 66 · 66 F.T.C. 1251
Cite this decision
Falstaff Brewing Corporation, 66 F.T.C. 1251 (1964). Consumer Law Library, https://consumerlawlibrary.org/decisions/v066-0123
Report an error in this record (decision id v066-0123)
Cited by 0 later FTC decisions
Cites
Text (OCR of the scan at left; may contain errors)
In True Marrer or FALSTAFF BREWING CORPORATION ET AL.
ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 8618. Complaint, Feb. 20, 1964—Decision, Dec. 3, 1964 Order requiring three brewers and their trade association to cease carrying out any planned common course of action to fix and maintain the price of beer, including keg beer, and that said trade association be dissolved. Complaint Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said Act, the Federal 4JIt appears that the White machines which the witnesses purchased had not been repossessed. In most cases, the attachments had not been unwrapped. In addition, the - conditional sales contracts indicated that these machines were new, and the purchasers received a manufacturer’s guarantee. However, there is some indication that the machines had been used for demonstration purposes by respondent's salesmen and thus in this sense were not completely unused.
FALSTAFF BREWING CORP. ET AL. 1251 1234 Complaint repossessed,? or because the witnesses were permitted to “trade-in” their old machines in exchange for the newer models. However, the record is devoid of other evidence showing the usual and customary price of the newer machines, and there is no persuasive evidence from which we may make a finding that the discounts granted were greatly inflated or were fictitious. Under these circumstances, the examiner's conclusion that respondent misrepresented the usual sales price of its products cannot be affirmed.
For the aforementioned reasons, an order will issue vacating the initial decision of the examiner and dismissing the complaint. Orpver Vacatine Inirriat Decision anp DisMiIssiInc ComMPLAINT This matter having been heard by the Commission upon the appeal of the respondent from the initial decision of the hearing examiner, dated April 16, 1964, and upon briefs in support thereof and in opposition thereto, and the Commission having concluded for the reasons stated in the accompanying opinion that. the evidence of record is insuflicient to prove the allegations of the complaint : It ts ordered, That the initial decision of the hearing examiner be, and it hereby is, vacated.
It is further ordered, That the complaint be, and it hereby is, dismissed.