Decorating Products Dealers Association of Greater New York, Inc

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IN THE MATTER OF DECORATING PRODUCTS DEALERS ASSOCIATION OF GREATER NEW YORK, INC.

CONSENT ORDER, ETC. , IN REGARD TO ALLEGED VIOLATION 01" SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket 9192. Complaint April 1985-Deeision, June, 1986 This consent order requires, among other things, a Bayside, N.Y. local affliate of a wallcovcring industry trade association to cease any conduct having the effect of fixing prices, terms or conditions of sate ofwallcoverings. Further, respondent is prohibited from: (1) coercing any seller or supplier of walle overing to use or not use any prices, terms or conditions of sale, distribution methods OT policy of choosing customers, and (2) assisting any affliate or member who use any of the prohibited practices.

Appearances For the Commission: Kevin T. Cronin. For the respondent: James H. Sneed, Washington, D. DECISION AND ORDER AS TO DECORATING PRODUCTS DEALERS ASSOCIATION OJ! GREATER NEW YORK, INC.

The Commission having heretofore issued its complaint charging respondent Decorating Products Dealers Association of Greater New York, Inc. ("DPDA-NY"), a corporation, named in the caption hereof with violation of Section 5 of the Federal Trade Commission Act, as amended, and the respondent having been served with a copy of that complaint, together with a notice of contemplated relief; and The respondent, its attorney, and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission s Rules; and . Complaint previously published at 107 l". C. 498 (1986). 506 Decision and Order The Secretary ofthe Commission having thereafter withdrawn this matter as to this respondent from adjudication in accordance with Section 3.25(c) of its Rules; and The Commission having considered the matter and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 3.25(0 of its Rules, the Commission hereby makes the following jurisdictional findings and enters the following order:

1. Respondent DPDA-NY is a corporation organized, existing and doing business under and by virtue of the laws of the state of New York, with its offce and principal place of business located at 42-40 Bell Boulevard, Bayside, New York.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and ofthe respondent, and the proceeding is in the public interest.

ORDER It is ordered That for purposes of this order the following definitions shall apply:

A. DPDA-NY means the Decorating Products Dealers Association of Greater New Yark, Inc., its offcers, directors, committees, representatives, agents, employees, successors and assigns. E. Wallcoverings means flexible materials used to cover residential and commercial walls, such as simple wallpapers, vinyls, fabrics and foils.

II.

It is further ordered That DPDA- , individually or in concert with any other person, directly or indirectly, or through any corporate or other device, shall cease and desist from: A. Conduct having the purpose or effect of: 1. fixing, maintaining, or stabilizing prices, terms or conditions of sale of wallcoverings;

2. coercing any seller of wall coverings to adopt, abandon, or refrain from adopting or abandoning any practice or policy concerning prices, terms or conditions of sale, or distribution methods or choice of customers.

Decision and Order 107 F. B. Expressly or impliedly advocating, suggesting, advising, or recommending that any of DPDA-NY' s members refuse to deal with any seller of wall coverings on account of, or that any of DPDA-NY' members engage in any other act to affect, or to attempt to affect, the prices, terms or conditions of sale, or distribution methods or choice of customers of any seller of wallcoverings. C. Publishing or circulating the results of any survey of, or otherwise identifying, prices, terms or conditions of sale, or distribution methods or choice of customers of any seller of wallcoverings in order to coerce, compel or induce any seller of wallcoverings to adopt or abandon or to refrain from adopting or abandoning any practice or policy concerning prices, terms or conditions of sale, or distribution methods or choice of customers.

D. Aiding or assisting any affliates of the National Decorating Products Association or NDP A members in engaging in any of the acts prohibited by this Part II.

It is further ordered, That this order shall not be construed to prevent DPDA-NY from providing information or its members' views to other sellers of wallcoverings provided, however that the information or views are not presented in a manner constituting an actual or threatened refusal to deal.

IV.

It is further ordered That DPDA-NY shall:

A. Within 30 days following service ofthis order, mail a copy ofthis order to each of its members.

B. Within 60 days following service of this order, publish this order in an issue of Decorating Logic in the same type size normally used for articles in Decorating Logic.

C. For a period ofthree years provide each new DPDA-NY member with a copy of this order at the time the new member is accepted into membership.

D. Terminate for a period of one year the membership of any DPDA- NY member within 60 days after learning or having reason to believe that said member has engaged, after the date this order becomes final in any act or practice that, if engaged in by DPDA- , would be prohibited by Part II of this order.

506 Decision and Order It is further ordered That DPDA-NY shall;

A. Within 60 days following service of this order, fie a written report with the Commission, setting forth in detail the manner and form in which it has complied with this order. Thereafter, additional reports shall be fied at such other times as the Commission may, by written notice to DPDA- , require.

B. For a period of 3 years following service of this order, maintain in its fies copies of all correspondence received from, or sent to, sellers of wallcoverings, associations of sellers of wallcoverings, or NDP A affliates or members, and make such copies available for inspection by representatives of the Federal Trade Commission upon written request.

C. Notify the Commission at least 30 days prior to any proposed change in DPDA-NY' s organization or operations, such as dissolution assignment, or sale resulting in the emergence of a successor corporation or association, or any other change that may affect compliance obligations arising out of this order.

Chairman Oliver did not participate.

Complaint I07 F.