Litton Industries, Inc
Volume 82 · 82 F.T.C. 1424
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Litton Industries, Inc, 82 F.T.C. 1424 (1973). Consumer Law Library, https://consumerlawlibrary.org/decisions/v082-0114
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IN THE MATTER OF LITTON INDUSTRIES, INC.
Docket 8778. Order, May 16, 1973.
Order reopening the proceeding solely for the purpose of re-examining the question of relief in its entirety; remanding the proceeding to an administrative law judge to conduct hearings on the question of relief; and denying respondent’s request for oral argument on the petition for reconsideration. Commissioner Jones dissenting with statement. DISSENTING STATEMENT By JONES; Commissioner:
Today, by its decision to remand the issue of relief to the administrative law judge, the Commission! has in effect reversed itself on its decision and order in the above-captioned case which held that Litton’s acquisition of Triumph-Adler had violated Section 7 of the Clayton Act and ordered Litton to divest itself of Triumph-Adler. The Commission has taken this action in response to Litton’s petition to the Commission for Reconsideration of the Order of Divestiture or Reopening of the Proceedings.
Under the Commission’s Rules of Practice, Petition for Reconsideration filed under Rule 3.55 are required to be limited “to new questions raised by the decision or final order and upon which the petitioner had no opportunity to argue before the Commission.” 2 1The Commission's decision was participated in by Commissioners Jones, Dixon and Dennison with Commissioner Macintyre abstaining. Commissioner MacIntyre is participating in the current Commission action and is concurring with it.
2 Petition for reopening are covered by Rule 3.72(b)(2) which may be granted upon issuance by the Commission of an order to show cause if the Commission determines that changed conditions of fact or law or the public interest requires such reopening. Dissenting Statement 82 F. corporation, the creation or dissolution of subsidiaries, or any other change in any corporation which may affect compliance obligations arising out of the order.
It is further ordered That respondents, individual11y, within sixty (60) days after the effective date of this order, file with the Commission a report in writing setting forth in detail the manner and form in which each has complied with this order.