Broadway-Hale Stores, Inc.

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

IN THE MATTER OF BROADWAY-HALE STORES, INC.

CONSENT ORDER , ETC. , IN REGARD TO THE ALLEGED VIOLATION OF SEC, 7 OF THE CLAYTON ACT April 14, 1966 Docket C-1057. Compla,int, April 14, 1966-Decision Consent order requiring a California chain department store, the 16th largest in the Nation, to cease and desist from acquiring without permission of the Federal Trade Commission any department or GMF A (General Merchandise, Apparel, Furniture) store for a period of 5 years, unless the Commission, through an industry\vide proceeding, issues rules or guidelines covering such acquisitions.

COMPLAINT The Federal Trade Commission, having reason to believe that the above-named respondent has violated the provisions of Sec- BROADWAY-HALE STORES , INC. 601 571 Complaint lish that respondent has obtained, or attempted to obtain, a monopoly in any market.

The Commission has reviewed the evidence and considered the arguments of the parties and has concluded that the hearing examiner s findings and conclusions of fact are correct and that dismissal of the complaint is proper. The Commission, however, does not consider the initial decision appropriate in all respects to dispose of this matter and has determined that it should be modifed by striking therefrom certain conclusions of law. It is ordered That the appeal of counsel supporting the complaint be, and it hereby is, denied.

It is further ordered That the initial decision be modified by striking therefrom conclusions of law beginning on page 594 with the words "The position taken by complaint counsel" and ending on page 600 with the words "section 5 of the Federal Trade Commission Act, It is furth", Q1'dered That the initial decision, as modified by this OJ;der, be, and it hereby is, adopted as the decision of. the Commission.

It is further ordered That the complaint be, and it hereby is dismissed.

Commissioner MacIntyre not concurring.