Jantzen, Inc.

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

In THE MatTrer or JANTZEN, INC.

Docket 7247. Resolution and Order, July 22, 1964 Resolution and order that a nonpublic investigational hearing be conducted to determine whether or not respondent has violated provisions of cease and desist order.

RESOLUTION AND ORDER DIRECTING AN INVESTIGATION AS TO WHETHER JANTZEN, Inc., Has Comprtep Worth Orver To Crass anp Desist Whereas, pursuant to the provisions of an Act of Congress entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes,” 38 Stat. 730 (1914), as amended by the Robinson-Patman Act, 49 Stat. 1526 (1986), 15 U.S.C. Sec. 15, the Federal Trade Commission on January 16, 1959 [55 F.T.C. 1065], after due process and proceedings of record herein and in accordance therewith, issued and served upon the respondent named in the caption hereof, an order to cease and desist under subsection (d) of Section 2, thereof; and Whereas, by the said order to cease and desist the respondents J antzen, Inc., and its officers, representatives, agents and employees, directly or through any corporate or other device in, or in connection with, the sale of clothing in commerce, as “commerce” is defined in the amended Clayton Act, do forthwith cease and desist from— [PJaying or contracting for the payment of anything of value to, or for the benefit of, any customer of respondent as compensation, or in consideration, for any services or facilities furnished by or through such customer in connection with the offering for sale, sale or distribution of any of respondent’s products, unless such payment or consideration is made available on proportionally equal terms to all other customers competing in the distribution of such products; and Whereas, the said order to cease and desist, as modified on March 26, 1959, has not at any time thereafter been modified or set aside and is now, and has at all times since March 26, 1959, been in full force and effect; and Whereas, the Commission has reason to believe that respondent, its Officers, representatives. agents and employees, while engaged in the sale and distribution of clothing in commerce, may have violated the provisions of the said order to cease and desist; and Whereas, it is deemed by the Commission to be in the public interest to ascertain whether or not and the extent to which respondent, while engaged in commerce, may have violated the provisions of the said order to cease and desist:

Now. therefore, it is resolved and ordered, That a nonpublic investigational hearing be conducted for that purpose pursuant to Section 1.35 and related sections of the Commission's Rules of Practice. [tis further resolred and ordered, That the Chief Hearing Examiner hereby appoint and designate a hearing examiner to preside at. such hearing with all the powers and duties as provided by Section 3.15 of the Commission’s Rules of Practice, except that of making and filing an initial decision: and upon completion of the hearing, that the hearing examiner shall certify the record to the Commission with his report on the investigation: and that. respondent shall have the right of due notice. of cross-examination. of production of evidence in rebuttal. and that the hearing shall be conducted in accordance with the Commission’s Rules of Practice for adjudicative proceedings insofar as such rules are applicable.

It is further resolved and ordered, That the hearings shall be held at such time and at. such places as mav be necessary. the initial hearing to be held at.a place to be fixed by the said hearing examiner on a day occurring at least thirty (30) davs after the service of notice thereof upon respondent.

Tt is further resolved and ordered, That the Secretary shall cause service of this resolution and order to be made on respendent. INTERLOCUTORY ORDERS, ETC. 1533