Foremost Dairies, Inc.

Volume 104 · 104 F.T.C. 548

Citation: 104 F.T.C. 548
Docket: C-1161
Decision: 1984-09-18
Document type: set aside order
Case type: antitrust
Industry: dairy products
Outcome: set aside
Relief: other
Source: Original volume PDF
Original PDF: This decision as a PDF

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Foremost Dairies, Inc., 104 F.T.C. 548 (1984). Consumer Law Library, https://consumerlawlibrary.org/decisions/v104-0025

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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.

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IN THE MATTER OF FOREMOST DAIRIES, INC.

Docket C-1161. Consent Order, Jan. 23, 1967-Sel Aside Order, Sept. IS, 1984 This Order reopens the proceeding and sets aside the divestiture Order" issued against a dairy products processor in 1967 (71 F. C. 56) and modified in 1983 (101 F. 343) by deleting the provision requiring prior Commission approval for any further acquisitions by the company. After considering the request of successor company, McKesson Corporation, together with supporting materials and other relevant data, the Commission found that the competitive problem that had prompted issuance of the divestiture Order no longer existed and termination of the Order to relieve respondent of compliance costs was in the public interest. ORDER REOPENING AND SETTING ASIDE MODIFIED ORDER ISSUED ON JANUARY 23, 1967 By a petition fied on May 16, 1984, and a supplement thereto dated June 29, 1984, McKesson Corporation (formerly Foremost.McKesson Inc. and Foremost Dairies, Inc. and hereafter "McKesson ) requests that the Commission reopen the proceeding in Docket No. C-1l61 and set aside the modified order against McKesson issued by the Commission on January 23, 1967. Pursuant to Section 2.51 of the Commission s Rules of Practice, McKesson s petition was placed on the public record for comment. No comments were received. Upon consideration of McKesson s petition and supporting materials, and other relevant information, the Commission now finds that changed conditions offact and the public interest warrant reopening the proceeding and setting aside the modified order. The record demonstrates that the competitive problem Paragraph IV of the order intended to remedy no longer exists and termination of the order to relieve respondent of compliance costs is in the public interest. Accordingly, It is ordered That this matter be, and it hereby is reopened and that the Commission s modified order be, and it is hereby set aside. Chairman Miller did not participate.

549 Interlocutory Orders

← 104 F.T.C. 544 · 104 F.T.C. 549 →