Damon Corporation
Volume 102 · 102 F.T.C. 1334
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Damon Corporation, 102 F.T.C. 1334 (1983). Consumer Law Library, https://consumerlawlibrary.org/decisions/v102-0031
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IN THE MATTER OF DAMON CORPORATION MODIFYING ORDER IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT AND SEC. 7 OF THE CLAYTON ACT Docket C-2916. Consent Order, Feb. 1978-Modi(ying Order, Oct. , 1983 The Federal Trade Commission has modified Part II of the order issued against Damon Corporation on Feb. 23, 1978 (91 F. C. 301). The addit.ion of Paragraph E exempts from the prior approval requirements of Paragraphs A-C of Part II, acquisitions of any independent laboratory whose net sales of tests and services during the 4 most recent fiscal quarters preceding the acquisition was less than $2 milion. MODIFIED ORDER TO CEASE AND DESIST The Commission having considered respondent Damon Corporation s Petition of June 1, 1982, for reopening and modification of the Commission s Order, entered February 23, 1978, in Docket No. G- 2916; and the Commission having denied the said Petition and, instead, having issued, on March 29, 1983, an Order to Show Cause Why Order Requiring Commission Approval For Certain Acquisitions Should Not Be Modified; and the Commission, having considered responses to its Order to Show Cause, now enters the following order: It is hereby ordered That pursuant to 15 V. C. 45, and Section 3. of the Commission s Rules of Practice, 16 C. R. 3. 72 (1983), Part II Paragraph E of the aforesaid order to cease and desist be, and it hereby is, modified to read:
E. Acquisitions consummated after (the date at which this modification becomes effective), of any independent laboratory which, during the four most recent fiscal quarters preceding the acquisition, has had less than $2 million in Net Sales of Medical Laboratory Tests and Test Services performed on all specimens (from wherever originating) are exempt from the provisions of Paragraphs A through C of this Part II.
Commissioner Pertschuk dissents for the reasons stated in his Dissenting Statement on the Order to Show Cause. . Copies of the Commission s Order to Show Cauge and Commissioner Pertschuk's Dissenting Statement arc available from the Public Reference Branch, Room 130, Federal Trade Commission, 6th St. and Pa Ave., N. Washington, D.C. 20580.
1335 Vacating Order