Dayco Corporation

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

IN THE MATTER OF DAYCO CORPORATION MODIFIED ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7604. Complaint, Oct. 1.959-Decision, Oct. 27, 1966 Order modifying a cease and desist order of August 5, 1964, 66 F. C. 423 against a Dayton, Ohio, automotive parts manufacturer by vacating the price discrimination provision, pursuant to a remand order of the Court of Appeals, Sixth Circuit, 362 F. 2d 180 (8 S.&D. 327), and enforcing the prohibition against resale price fixing. ORDER MODIFYING ORDER TO CEASE AND DESIST Respondent having filed in the United States Court of Appeals for the Sixth Circuit a petition to review and set aside the order to cease and desist issued herein on August 5, 1964 (66 F. 423j; and that court on June 17, 1966 (8 S.&D. 327j, having issued its opinion and on July 5, 1966, having issued its order affirming and enforcing the portion of the order to cease and desist issued pursuant to Section 5 of the Federal Trade Commission Act; and vacating the portion of the order to cease and desist issued pursuant to Section 2 (a) of the Clayton Act; and the court having remanded this matter to the Commission for further proceedings consistent with the court' s opinion; and the Commission having concluded after due consideration that no further proceedings are warranted:

It is ordered That the order to cease and desist in this matter , and it hereby is, modified to read as follows: It is orde," That respondent, Dayco Corporation, a corporation, and its offcers, representatives, agents and employees, directly or through any corporate or other device in or in connection with, the sale or distribution of automotive parts and related products in commerce, as 'j commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

Putting into effect, continuing or maintaining any merchandising or distribution plan or policy under which agreements or understandings are entered into with resell1ers of such products which have the purpose JEROME FRIEDMAN FURS, INC. 1123 1122 Complaint or effect of fixing, establishing, or maintaining the prices at which such products may be resold. It is fu. that O1"de1' That Count I of the complaint be and it hereby is, dismissed.

It is furthe?" ordered That the respondent herein shall within sixty (60) days after service upon it of this modified order, file with the Commission a report, in writing, setting forth in detail the manner and form in which it has cumplied with this order.