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General Mills, Inc

Volume 86 · 86 F.T.C. 686

Citation
86 F.T.C. 686
Docket
8891
Decision
1975-09-23
Document type
petition ruling
Case type
antitrust
Statutes
Clayton Act s7
Industry
snack food manufacturing
Outcome
other
Order term (years)
10
Commission counsel
Robert E. Liedquist
Respondent counsel
Davis, Polk, Wardwell New York City and Robert L. Fulgency, Minneapolis, Minn. fiR7 Order
Source
Original volume PDF
Original PDF
This decision as a PDF

merger acquisition

Cite this decision

General Mills, Inc, 86 F.T.C. 686 (1975). Consumer Law Library, https://consumerlawlibrary.org/decisions/v086-0085

Report an error in this record (decision id v086-0085)

Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 1 later FTC decisions

Cites

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

IN THE MATTER OF GENERAL MILLS, INC.

Docket C-1.51. Order, Sept. , 1975 Denial of respondent' s petition to reopen proceedings for purpose of setting aside the consent order.

Appearances For the Commission: Robert E. Liedquist. For the respondents: Davis, Polk, Wardwell New York City and Robert L. Fulgency, Minneapolis, Minn. fir7 Order ORDER DBNYING PETITION To RBOPEN PROCEEDINGS On July 25, 1975, respondent petitioned, pursuant to Section :J.72(b) of the Commission s Rules of Practice, to reopen the proceedings in this matter for the purpose of setting aside the consent order entered on Mar. 11, 1969. That consent order attempted to remedy an alleged violation of Section 7 of the Clayton Act through General Mils acquisition of Morton Foods and Tom Huston Peanut Company (Tom s). The Commission s charge was that those acquisitions substantially lessened competition in the "manufacture, distribution and sales of potato chips and eorn chips.

The order required respondent, for a period of ten years, to secure Commission approval prior to acquiring any firm engaged in the manufacture or wholesale distribution of any consumer products of the type manufactured by General Mils as of the date of the order and its subsidiaries (including Morton Foods and Tom s). Several months after the order was entered, General Mils sold Morton Foods. General Mils now claims this sale has changed the facts sufficiently to make the order an "undue hardship for General Mils to continue to be burdened with *. *. *."

The arguments in support of this proposition do not explain what hardship is being suffered by General Mils, nor is there described any change in facts sufficient to justify modifications of a Commission order.

On review, the order is found to continue to be reasonably related to the conduct complained of and fairly calculated to assist in the restoration of competitive conditions in the marketplace. It is ordered That the aforesaid petition be, and it hereby is, denied.

← 86 F.T.C. 686 · 86 F.T.C. 687 →