Foodservice Equipment Industry Inc

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

IN THE MATTER OF FOOD SERVICE EQUIPMENT INDUSTRY INC., ET AL. SET ASIDE ORDER IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket 4433. Consent Order, Oct. 15, 1941--Set Aside Order, Sept. 21, 1995: This order reopens a 1941 consent order--which prohibited the Food Service from selling certain equipment through anyone other than recognized dealers, and from selling equipment directly to buyers--and sets aside the consent order, as to respondent Food Service Equipment Distributors Association, pursuant to the Commission's Sunset Policy Statement, under which the Commission presumes that the public interest requires terminating competition orders that are more than 20 years old.

ORDER REOPENING PROCEEDING AND SETTING ASIDE ORDER On June 30, 1995, the Foodservice Equipment Distributors Association, formerly known as Food Service Equipment Industry, Inc. ("FEDA") filed its Petition To Reopen and Set Aside Consent Order ("Petition") in this matter. FEDA requests that the Commission set aside the 1941 order pursuant to Rule 2.51 of the Commission's Rules of Practice, 16 CFR 2.51, and the Statement of Policy With Respect to Duration of Competition Orders and Statement of Intention to Solicit Public Comment With Respect to Duration of Consumer Protection Orders, issued July 22, 1994, published at 59 Fed. Reg. 45,286-92 (Sept. 1, 1994) ("Sunset Policy Statement"). In the Petition, FEDA affirmatively states that it has not engaged in any conduct violating the terms of the order. The Petition was placed on the public record, and the thirty-day comment period expired on August 18, 1995. No comments were received. The Commission in its July 22, 1994, Sunset Policy Statement said, in relevant part, that "effective immediately, the Commission will presume, in the context of petitions to reopen and modify existing orders, that the public interest requires setting aside orders in effect for more than twenty years."' The Commission's order in Docket No. 4433 was issued on October 15, 1941, and has been in | see Sunset Policy Statement, 59 Fed. Reg. at 45, 289. Set Aside Order 120 F.T.C.

effect for approximately 54 years. Consistent with the Commission's July 22, 1994, Sunset Policy Statement, the presumption is that the order should be terminated. Nothing to overcome the presumption having been presented, the Commission has determined to reopen the proceeding and set aside the order in Docket No. 4433 as to respondent Foodservice Equipment Distributors Association. Accordingly, Jt is ordered, That this matter be, and it hereby is, reopened;

It is further ordered, That the Commission's order in Docket No. 4433 be, and it hereby is, set aside as to respondent Foodservice Equipment Distributors Association, as of the effective date of this order.

ALPINE INDUSTRIES, INC., ET AL. 649 649 Complaint