International Association of Electrotypers & Stereotypers, Inc.
Volume 49 · 49 F.T.C. 366
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International Association of Electrotypers & Stereotypers, Inc., 49 F.T.C. 366 (1952). Consumer Law Library, https://consumerlawlibrary.org/decisions/v049-0032
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In tee Marver or INTERNATIONAL ASSOCIATION OF ELECTROTYPERS & STEREOTYPERS, INC. ET AL.
COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 5356. Complaint, July 20, 1945—Decision, Oct. 23, 1952 Where a corporate association, its officers and members which included a large proportion of the producers of electrotypes, stereotypes, and matrices, and the majority of electrotypers located in the large cities of the United States With the exception of the Pacifie Coast; fifteen local or regional associations of such producers and members; certain officers thereof; and certain non-member producers— Entered into and carried out a conspiracy and planned common course of action among themselves to restrain and suppress competition in the sale of electrotypes, stereotypes, and matrices; and Where said corporate association, its officers and numerous members, pursuant thereto— (a) Devised and promulgated, over a period of years, various standard scales of prices, including their “ratio” scale involving the application of a multiplier for use in conjunction with the figures appearing therein, in lieu of the dollars and cents values shown in previous scales, and disseminated and distributed said various scales of prices among local and regional associations, and various non-member concerns, and sought thereby to stabilize the prices for their products; and Where the aforesaid fifteen local associations, namely, groups in New England, Chicago, New York City and State, Ohio, Wisconsin, Pacific Northwest, Potomac District, St. Louis, Philadelphia, Detroit, Indiana, and Northern and Southern California, associated in a number of ways with the national organization, and various members thereof— (b) Cooperated with each other and worked together within their respective local associations and between and among themselves and with the national association, to restrain and suppress competition in the sale of the products concerned through the adoption and use of the various scales of the national association, or scales of their own based thereon, and through other action as to prices, terms of sale, and trade customs and practices; and Where some seventeen non-member concerns, engaged in the manufacture, sale and distribution of one or more of the products involved— (c) Participated in various of the activities above described and acted in concert and cooperation with one or more of the others by adopting and using the various standard scales devised and promulgated by the national association in the sale of their products, and by using the same prices, terms and discounts as those employed by the member concerns; INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 367 3866 Appearances Whereby the prices at which the products involved were offered and sold were generally uniform in any given marketing area; _ Tendency, capacity, and effect of which conspiracy and planned common course of action, and of the acts performed pursuant thereto were to substantially restrain and suppress competition in price in the sale of electrotypes, stereotypes, and matrices in interstate commerce; to place in their hands. the power to control the market and enhance the prices of such products;. * to create in them monopoly in the sale thereof; and to unreasonably restrain. commerce therein; .
Held, That such acts and practices constituted unfair methods of competition in commerce, As respects some member and non-member concerns which, unlike the vast majority, did not appear to have been engaged in interstate commerce: they were, nevertheless, parties to the combination and conspiracy involved, either through their affiliation with said associations or because of their participation in the acts and practices performed in furtherance of the course of action common to them all; and were in competition in the sale of their products with other members and with one another in their respective marketing areas except insofar as such competition had been lessened, restrained, or restricted as a result of the acts and things above set out. Before Mr. John L, Hornor and Mr, Everett F. Haycraft, hearing examiners.
Mr. Reuben J. Martin and Mr. Lewis F. Depro for the Commission. Mr. Abram F, Myers, of Washington, D. C., and Lincoln & Faye, of Boston, Mass., for International Association of Electrotypers and Stereotypers, Inc., numerous other associations, and various officers, directors and members thereof, | Gann, Secord, Stead & McIntosh, of Chicago, Ill., for Central Typesetting & Electrotyping Co.
Mr. Clifton E. Brooks, of Oakland, Calif., for American Electrotype Division of Electrotype Corp., Filmer Bros, Electrotype Co., Northern California Electrotypers & Stereotypers Assn., American Electrotype Division of Electrographic Corp., Bert Hoffschneider & Brother, Inc., Printing Plates Co., Western N newspaper Union of San Francisco, Calif. and A. W. Hoffschneider Co. Dwight, Royall, Harris, Koegal & Caskey, of New York City, for Western Newspaper Unions of Boston, Mass., Chicago, Tll., Portland, Oreg., Philadelphia, Pa., Indianapolis, Ind., New York City and San Francisco, Calif., and C. A. Parsons, Mulligan & Walsh, Inc., L. R. Dowling and R. McDonald.
Campbell, Clithero & Fischer, of Chicago, Il., for Cuneo Press, Inc. Gallop, Climenko, Gould & Lynton, of New York City, for J. J. Little & Ives Co.
Complaint 49 F, T.C.
Mr. Alewander R. McDonald, of New York City, for National Electrotype Co. and Ad Plate & Mat Co., Inc.
Mr. Frank V. McMahon and Mr. John T. McGovern, of New York City, for Electrotypers and Stereotypers Assn. of New York, Inc. and its officers, directors and members.
Mr. J. Raymond Tiffany, of Hoboken, N. J., and Mr. Benjamin Werne, of New York City, for Quinn & Boden Co. , inc., W. B. Conkey Co., J. S. Cushing Co. and Albany Electrotype Co, Ine. Mr. Harry R. Simon, of Huntington Park, Calif., for Albert E. Benson and Rapid.Electrotype Co.
Mayer, Meyer, Austrian & Platt, of Chicago, Ill., for Meyer Both Co.
Large, Reno & Zahm, of Rockford, Ill., for Rockford Illustrating Co.
Posner, Berge, Fox & Arent, of Washington, D. C., for Colonial Press, Inc.
Mr. Seymour H. Person, of Lansing, Mich., and Donohue & Kaufmann, of Washington, D. C., for Lansing Electrotype Co. Mr. Charles W. Sterling, of St. Paul, Minn., for Rotary Press Co. Mr. William J. Nolan, of Boston, Mass., for Plimpton Press. Mr. Arthur G. Heyne, of St. Louis, Mo., for Lee Seibert. Mr. Albert W. Venino, of New York City, for Cornwall Press, Inc. Fish, Richardson & Neave, of New York City, for Gilman Fanfold Corp. , Galvin, Tracy, Geoghegan, Levy & Milliken, of Cincinnati, Ohio, for McDonald Printing Co., Inc.
Mr. Walter J. Wagner, of Pittsburgh, Pa., for Anna Bauer Sullivan, executrix for Joseph W. Sullivan.
Mr. Charles 8. Wheeler, Jr., of San Francisco, Calif., for Muirson Label Co., Inc.
Brobeck, Phieger & Harrison, of San Francisco, Calif., for Precision Electrotype Co.
Falk, Twelvetrees, Johnston & Siemer, of Buffalo, } N. Y., for Mechano Duoplate, Inc.
Lines, Spooner & Quarles, of Milwaukee, Wis., and Mr. Maynard Reierson, of Menasha, Wis., for Marathon Corp. ComMPLaINT - Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said Act, the Federal Trade Commission having reason to believe that the associations, individuals, partners, and corporations named in the caption hereof, and INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 869. 366 Complaint hereinafter more particularly described and referred to as respondents, have violated the provisions of section 5 of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows:
Paracrary 1. Respondent International Association of Electrotypers and Stereotypers, Inc., is a nonprofit corporation organized and existing under the laws of the State of Ohio with its principal office and place of business located at 949 Leader Building, in the city of Cleveland, Ohio. The membership of said respondent International Association of Electrotypers and Stereotypers, Inc., is composed of various individuals, partnerships and corporations who are located in the several States of the United States and who are engaged in the manufacture, sale and distribution of electrotypes, stereotypes, matrices and multigraphs in interstate commerce. oo Said respondent International Association of Electrotypers and Stereotypers, Inc., was organized for the avowed purposes of fostering friendship between the producers of electrotypes and stereotypes; of devising ways and means for advancing the interests of the industry, of spreading its influence through the establishment of local and sectional associations, and of developing cooperation in all matters of mutual interest; of thoroughly organizing the electrotypers and stereotypers in America and of maintaining a just and equitable method of conducting business; of urging electrotypers and stereotypers to cooperate with one another to eliminate the evils of ignorant and ruinous competition; of spreading a wider knowledge of cost elements and of what constitutes a proper remuneration; and of establishing standards, principles and policies for the guidance of its membership i in their dealings with one another and with the public. The names and addresses of the officers of said respondent International Association of Electrotypers and Stereotypers, Inc., who, individually and as such officers of said respondent, are named as respondent herein, are: H. G. Hoff, President, c/o Chicago Electrotype _ & Stereotype Company, 350 East 22nd Street, Chicago, Illinois; Walter C. Dohm, First Vice President, c/o Norman-Dohm-O’Flaherty Co., Inc., 228 East 45th Street, New York, New York; Dennis F. Hoynes, Second Vice President, c/o The Central Electrotype Company, 1760 East 22nd Street, Cleveland, Ohio; Geo. C. Scott, Statistician, c/o New England Electrotype Company, Inc., 470 Atlantic Avenue, Boston, Massachusetts; and Albert P. Schloegel, Secretary- Treasurer, 949 Leader Building, Cleveland, Ohio. ° The names and addresses of the members of the Executive Board of said respondent International Association of Electrotypers and Complaint 49 F.T.C.
Stereotypers, Inc., residing in the United States, who, individually and as such members of the Executive Board of said respondent, are named as respondents herein, are: C. C. Barnes, c/o Fort Wayne Engraving Company, 120 West Superior Street, Fort Wayne, Indi- _ana; Chas. E. Deye, c/o The Quality Engraving and Electrotyping ‘Company, 486 Commercial Square, Cincinnati, Ohio; Walter C. Dohm, c/o Norman-Dohm-O’F laherty Co., Inc., 228 East 45th Street, New York, New York; Dennis F. Hoynes, c/o The Central Electrotype Company, 1760 East 22nd Street, Cleveland, Ohio; Leighton R. Johnson, c/o A. G. Johnson Electrotype Company, 308 South Sixth Street, Minneapolis, Minnesota; Arthur N. Knol, c/o Central Type- | setting & Electrotype Company, 4600 Diversey Avenue, Chicago, Illinois; Wm. C. Lennox, c/o Rochester Electrotype & Engraving Co., Inc., 170 North Water Street, Rochester, New York; C. A. Mawicke, c/o Pontiac Engraving & Electrotype Company, 812 West Van Buren Street, Chicago, Illinois; D. E. McAllister, c/o Progress Plate Making Co., 917 Filbert Street, Philadelphia, Pennsylvania; Sam Ross McElreath, 1121 Canton Street, Dallas, Texas; Chas. E. Murray, c/o Potomac Electrotype Co., Inc., 1508 Eckington Place, N. E., Washington, D. C.; C. W. Remington, c/o The Milwaukee Electrotype Co., 1127 North 7th Street, Milwaukee, Wisconsin; F. W. Kreber, c/o Van Bolt-Kreber Electrotype Co., 40 South Third Street, Columbus, Ohio; Robert T. Rowell, c/o Robert Rowell Electrotype Co., 122 South First Street, Louisville, Kentucky; Joseph Schwartz, c/o Westcott & Thomson, Inc., 109-115 North 11th Street, Philadelphia, Pennsylvania; Geo. C. Scott, c/o New England Electrotype Co., Inc., 470 Atlantic Avenue, Boston, Massachusetts, and H. G. Hoff, c/o Chicago Electrotype & Stereotype Co., 350 East 22nd Street, Chicago, Ilinois.
The membership of said respondent International Association of Electrotypers and Stereotypers, Inc., constitutes a class so numerous and changing as to make it impracticable to specifically name them all as parties respondent herein. The following, among others, are members of said respondent International Association of Electrotypers and Stereotypers, Inc., are fairly representative of the whole membership, and are named as respondents herein in their individual capacities, in their capacities as members of said respondent International Association of Electrotypers and Stereotypers, Inc., and as representatives of all members of said respondent International Association of Electrotypers and Stereotypers, Inc., as a class, including those not herein specifically named who are also made respondents herein: Fort Wayne Engraving Company, 120 West Superior Street, Fort Wayne, Indiana; The Quality Engraving and Electrotyping INTER’L ASSN, OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 371 366 Complaint Company, 436 Commercial Square, Cincinnati, Ohio; Norman-Dohm- O’Flaherty Co., Inc., 228 East 45th Street, New York, New York; The Central Electrotype Company, 1760 East 22nd Street, Cleveland, Ohio; A. G. Johnson Electrotype Company, 308 South Sixth Street, Minneapolis, Minnesota; Central Typesetting & Electrotyping Company, 4600 Diversey Avenue, Chicago, Illinois; Rochester Electrotype & Engraving Co., Inc., 170 North Water Street, Rochester, New York; Pontiac Engraving & Electrotype Company, 812 West Van Buren Street, Chicago, Illinois; Potomac Electrotype Co., Inc., 1508 Eckington Place, N. E., Washington, D. C.; The Milwaukee Electrotype Co., 1127 North 7th Street, Milwaukee, Wisconsin; Van Bolt-Kreber Electrotype Co., 40 South Third Street, Columbus, Ohio; Westcott & Thomson, Inc., 109-115 North 11th Street, Philadelphia, Pennsylvania; New England Electrotype Co., Inc., 470 Atlantic Avenue, Boston, Massachusetts; Chicago Electrotype & Stereotype Co., 350 East 22nd Street, Chicago, Illinois; Colorado Stereotype Company, 1802 Broadway, Denever, Colorado; The Filmer Bros., Electrotype Company, 830 Jackson Street, San Francisco, California; American Electrotype Division of Electrographic Corporation, 329 Fremont Street, San Francisco, California; Portland Electrotype & Stereotype Co., Inc., 718 West Burnside Street, Portland, Oregon; Oregon Engraving & Electrotype Co., 831 N. W. Ninth Avenue, Portland, Oregon; Pacific Electrotype Co., Inc., 202 Maritime Building, Seattle, Washington; Spokane Electrotype Co., East 30 Sprague Avenue, Spokane, Washington; and Sam Ross McElreath trading as Sam Ross McElreath Co., 812 Crawford St., Houston, Texas.
Par. 2. Respondent New England Electrotypers Association is a nonstock corporation organized and existing under the laws of the State of Massachusetts, with its principal office located at 29 Worthington Street in the city of Springfield, Massachusetts. The membership of said respondent New England Electrotypers Association is composed of individuals, partnerships and corporations who are located in various parts of the New England States and who are engaged in the manufacture, sale and distribution in interstate commerce of electrotypes, stereotypes, matrices and multigraphs. Said respondent New England Electrotypers Association was organized for the avowed purpose, among others, “to foster, encourage and develop cooperative action between members of this corporation and also in connection therewith in the interest of the members of the | corporation to do every and all legal things to assist in the elimination of unfair methods of competition and trade abuses in the industry in which the members of this corporation are engaged and in furtherance of this objective to collect and disseminate information relating in Complaint 49 F. T.C, any way to the purpose of this corporation, which will be of advantage to the members of the corporation.”
The names and addresses of the officers of said respondent, New England Electrotypers Association, who, individually and as such officers of said respondent New England Electrotypers Association are named as respondents herein are: George C. Scott, president, c/o New England Electrotype Company, 470 Atlantic Street, Boston, Massachusetts; Harry M. Midwood, vice president, c/o Barnum-Hayward Electrotype Company, Inc., 116 Olive Street, New Haven, Connecticut; Frank Galvin, treasurer, c/o Royal Electrotype Company of New England, 292 Main Street, Cambridge, Massachusetts; and Dr. Edward H. Chamberlain, secretary, 685 Commonwealth Avenue, Boston, Massachusetts.
The names and addresses of the members of the Board of Directors of said respondent, New England Electrotypers Association,.who, individually and as such members of the Board of Directors of said New England Electrotypers Association, are named as respondents herein are, in addition to the above-named officers who are also directors, the following: Eigner Ringquist, c/o Electrotype Service Corporation, 63 Portland Street, Worcester, Massachusetts; Charles F. Hamilton, c/o Home City Electrotype Works, Inc., 29 Worthington Street, Springfield, Massachusetts; Arthur Tomlinson, c/o Bickford Engraving & Electrotype Company, 20 Mathewson Street, Providence, Rhode Island. :
The names and addresses of the members of said respondent, New England Electrotypers Association, who, individually and as such members of said respondent New England Electrotypers Association are named as respondents herein are: New England Electrotype, Inc., 470 Atlantic Avenue, Boston, Massachusetts; Back Bay Electrotype & Engraving Company, 172 Columbus Avenue, Boston, Massachusetts; Shea & Manton Company, 40 Lincoln Street, Boston, Massachusetts; Western Newspaper Union, 144 High Street, Boston, Massachusetts; Royal Electrotype Company of New England (292 Main Street, Cambridge, Massachusetts; Holyoke Electrotype Company, 23 Spring Street, Holyoke, Massachusetts; Lowell Electrotype Foundry, 27 Jackson Street, Lowell, Massachusetts; Home City Electrotype Works, Inc., 29 Worthington Street, Springfield, Massachusetts ; Electrotype Service Corporation, 63 Portland Street, Worcester, Massachusetts; Bickford Engraving & Electrotype Company, 20 Mathewson Street, Providence, Rhode Island; Barnum-Hayward Electrotype Co., Inc., 116 Olive Street, New Haven, Connecticut; Winfred A. Jackson trading as Augusta Electrotype Company, Winthrop & Per- INTER’L ASSN, OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 373 3866 Complaint ham Streets, Augusta, Maine; and Walter J. Meserve, Inc., 105 Middle Street, Portland, Maine.
Par. 8. Respondent, Chicago Employing Electrotypers Association, is a voluntary unincorporated trade association with its principal office and place of business located at 481 South Dearborn Street in the city of Chicago, Illinois. The membership of said respondent Chicago Employing Electrotypers Association is composed of individuals, . partnerships and corporations engaged in the manufacture, sale and distribution in interstate commerce of electrotypes and matrices. The names and addresses of the officers of said respondent Chicago Employing Electrotypers Association who, individually and as such officers of said respondent, are named-as respondents herein are: Albert J. Fleig, president, c/o National Electrotype Company, 626 Federal Street, Chicago, Illinois; George W. Liddle, vice president, c/o Ace Electrotype Company, 426 South Clinton Street, Chicago, Tllinois; William H. Wohlberg, treasurer, c/o Acme Electrotype Company, 712 Federal Street, Chicago, Illinois; and Thomas J. Ramsay, secretary, 882 Manhattan Building, 481 South Dearborn Street, Chicago, Illinois.
The names and addresses of the Board of Governors of said respondent Chicago Employing Electrotypers Association who, individually and as such members of the Board of Governors of said respondent - Chicago Employing Electrotypers Association, are named as respondents herein are the above-named Albert J. Fleig, George W. Liddle and William H. Wohlberg, together with C. A. Parsons, c/o Western Newspaper Union, 210 South Desplaines Street, Chicago, Ilinois, and Ed. A. Dominik, c/o Central Typesetting & Electrotype Company, 4600 Diversey Avenue, Chicago, Illinois.
The names and addresses of the members of said respondent Chicago Employing Electrotypers Association who, individually and as such members of said respondent Chicago Employing Electrotypers Association, are named as respondents herein are: A.B. C. Electrotype Company, 522 South Clinton Street, Chicago; Ace Electrotype Company, 426 South Clinton Street, Chicago; Acme Electrotype Company, 712 Federal Street, Chicago; Blomgren Bros. & Company, 512- 522 Sherman St., Chicago; Central Typesetting & Electrotype Company, 4600 Diversey Avenue, Chicago; Arthur W. McGrath, trading as Century Electrotype Company, 547 South Clark Street, Chicago; Consolidated Electrotypers, Inc., 732 Federal Street, Chicago; Globe Engraving & Electrotype Company, 711 South Dearborn Street, Chicago; Illinois Electrotype Company, 501 South Jefferson Street, Chicago; Lake Shore Electro Company, #18 South Market Street, Chi- Complaint 49 F. T.C.
cago; Lead Mold Electro Company, 3308 North Racine Avenue, Chicago; Foot, Cohne & Belding, 919 North Michigan Avenue, Chicago; National Electrotype Company, 626 Federal Street, Chicago; Patridge & Anderson Company, 712 Federal Street, Chicago; Pontiac Engraving & Electrotype Company, 812 West Van Buren Street, Chicago; F. J. Ringler & Company, 732 Federal Street, Chicago; Schroeder Bros. Company, 501 South Jefferson Street, Chicago; United Electrotype & Stereotype Company, 426 South Clinton Street, Chicago; and Western Newspaper Union, 210 South Desplaines Street, Chicago. Par. 4. Respondent, Chicago Employing Stereotypers Association, is a voluntary unincorporated trade association, with its principal office-and place of business located at 481 South Dearborn Street, Chicago, Illinois, The membership of said respondent Chicago Employing Stereotypers Association is composed of individuals. partnerships and corporations engaged in the manufacture, sale and distribution of stereotypes, matrices and lithographs in interstate commerce. The names and addresses of the officers of said respondent, Chicago Employing Stereotypers Association, who, individually and as said cflicers of said Association, are named as respondents herein are: L. P. Sale, president, c/o Progressive Matrix Company, 517 South Jefferson Street, Chicago; Arthur W. McGrath, c/o Century Electrotype Company, 547 South Clark Street, Chicago; F. A. Herrgott, treasurer. c/o The Cuneo Press, Inc., Cermak Road, Canal and Grove Streets, Chicago; and T. J. Ramsay, secretary, 481 South Dearborn Street, Chicago.
The names and addresses of the members of said respondent, Chicago Employing Stereotypers Association, who, individually and as such members of said respondent association, are named as respondents herein are: George R. Olson, Sr. and George R. Olson, Jr., partners, trading as Advance Printing Plate Company, 727 South Dearborn Street, Chicago; Central Typesetting & Electrotype Company, 4600 Diversey Avenue, Chicago; Arthur W. McGrath, trading as Century Electrotype Company, 547 South Clark Street, Chicago; Chicago Electrotype & Stereotype Company, 350 East 22nd St., Chicago; The Cuneo Press, Inc., 455 West Cermak Road, Chicago; Graphit Arts Electrotype & Matrix Company, 547 South Clark Street, Chicago; Lake Shore Electrotype Company, 418 South Market Street, Chicago; Foot, Cohne & Belding, 919 North Michigan Avenue, Chicago; Merchants Matrix Cut Syndicate, 588 South Clark Street, Chicago; Monarch Matrix & Stereotype Company, 732 Federal Street, Chicago; Partridge & Anderson Company, 712 Federal Street, Chicago; Progressive Matrix Company, 517 South Jefferson Street, Chi- INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 375 366 Complaint cago; Western Newspaper Union, 210 South Desplaines Street, Chicago. .
Par. 5. Respondent Electrotypers & Stereotypers Association of New York, Inc., is a corporation organized and existing under the laws of the State of New York, with its principal office and place of business located at 110 East 42nd Street,’ in the city of New York, New York. The membership of said respondent, Electrotypers & Stereotypers Association of New York, Inc., is composed of -individuals, partnerships and corporations engaged in the manufacture, sale. and distribution in interstate commerce of electrotypes, stereotypes, matrices and multigraphs.
The names and addresses of the officers of said respondent, Electrotypers & Stereotypers Association of New York, Inc., who, individually and as such officers of said respondent are named as respondents herein are: Walter C. Dohm, president, % Norman-Dohm-O’F laherty Company, Inc., 228 East 45th Street, New York, New York; Walter C. Flower, vice president, % Edwin Flower, Inc., 216 William Street, New York, New York; Augustus Davis, % Knickerbocker Electrotype Company, 424 West 33rd Street, New York, New York; James S. Love, treasurer, % The Cresset Company, 110 Greenwich Street, New York, New York; and Peter F. Reagan, Jr., managing director, % Electrotypers & Stereotypers Association of New York, Inc., 110 East 42nd Street, New York, New York.
The names and addresses of the directors.of said respondent, Electrotypers & Stereotypers Association of New York, Inc., who individually and as such directors of said respondent, are named as respondents herein are: the above named officers; Joseph Reilly, % Reilly Electrotype Company, 305 East 45th Street, New York, New York; and Isaac Rubin, % Gilliams & Rubin, Inc., 225 West 39th Street, New York, New York.
The names and addresses of the members of said respondent, Electrotypers & Stereotypers Association of New York, Inc., who, individually and as such members of said respondent, are named as. respondents herein are: Atlantic Electrotype & Stereotype Company, 298 East 45th Street, New York City; J. T. Buntin, Inc., 228 East. 45th Street, New York City; Central Electrotype Foundry Co., Inc., 71 Warren Street, Newark, New Jersey; Conde, Nast Engravers, Inc., Greenwich, Connecticut; County Life Press, Corp., Garden City, New York; The Cresset Company, 110 Greenwich Street, New York City; . The Thomas H. Crosley Company, 17-19 Rose Street, New York City; Edwin Flower, Inc., 216 William Street, New York City; Flower Steel Electrotype Company, 461 Eighth Avenue, New York, City; Foot. Complaint 49 F. T.C.
Cohne & Belding, 305 East 45th Street, New York City; Galvanic Printing Plate & Matrix Company, Inc., 9-13 Barrow Street, New York City; Gilliams & Rubin, Inc., 225 West 39th Street, New York City; Globe-Saam Electrotype Corp., 240 West 40th Street, New York City; Higwell Matrix Company, Inc., 240 West 40th Street, New York City; Kingsboro Electrotype Corp., 300 Adams Street, Brooklyn, New York; Knickerbocker Electrotype Company, 424 West 33rd Street, New York City; J. J. Little & Ives Company, 435 East 24th Street, New York City; Metro Matrix & Reproduction Company, Inc., 275 Seventh Avenue, New York City; National Electrotype Company, 297 East 45th Street, New York City; New York Electrotyping Company, 811 West 48rd Street, New York City; Norman-Dohm-O'Flaherty Company, Inc., 228 East 45th Street, New York City; Nu- Method Matrix & Plate Company, Inc., 239 West 39th Street, New York City; Quinn & Boden Company, Inc., Jackson & Elizabeth Avenues, Rahway, New Jersey; Reilly Electrotype Company, 3805 East 45th Street, New York City; F. A. Ringler Company, 39 Barclay Street, New York City; Jacob Weinstein, trading as The Sherwen Company, 40-42 West 27th Street, New York City; Stoddardt-Bell Electrotype Company, 175 Varick Street, New York City and Super Quality Company, Inc., 318 East 23rd Street, New York City. ' Par. 6. Respondent New York State Electrotypers Association is a corporation organized and existing under the laws of the State of New York, with its principal office and place of business located at 365 Furman Street, Syracuse, New York. The membership of said respondent, New York State Electrotypers Association, is composed of individuals, partnerships and corporations who are engaged in the manufacture, sale and distribution of electrotypes, stereotypes, matrices and multigraphs in interstate commerce. The names and addresses of the officers of said respondent, New York State Electrotypers Association, who, individually and as such officers of said respondent, are named as respondents herein, are: William P..Curry, president, % Syracuse Electrotype Corporation, 148 Gifford Street, Syracuse, New York; Pace N. Curry, vice president, % Syracuse Electrotype Corporation, 148 Gifford Street, Syracuse, New York; and George J. Ryan, secretary, % Syracuse Electrotype Corporation, 148 Gifford Street, Syracuse, New York. The names and addresses of the members of said respondent New York State Electrotypers Association, who, individually and as such members of said respondent, are named as respondents herein, are: Central City Electrotype Company, Inc., 107 Franklin Street, Syracuse, New York; Syracuse Electrotype Corporation, 148 Gifford Street, Syracuse, New York; Rochester Electrotype & Engraving INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 377 366 Complaint Company, Inc., 170 N. Water St., Rochester, New York; 5. J. Kelley, trading as S. J. Kelley Engraving Company, Press Annex Building, Binghamton, New York; Theodore Walters, trading as Walters Electrotype Company, 10 Devereux St., Utica, New York; and Bison Electrotype Company, Inc., 83 Franklin St., Buffalo, New York. Par. 7. Respondent, Ohio State Association of Electrotypers & Stereotypers is a voluntary, unincorporated trade association, with its principal office and place of business located at 414 Water Street in the city of Akron, Ohio. The membership of said respondent, Ohic State Association of Electrotypers & Stereotypers, is composed of. individuals, partnerships and corporations engaged in the manufacture, distribution and sale in interstate commerce of electrotypes, stereotypes, matrices and multigraphs.
The affairs of said respondent Association are conducted by John Weiand, secretary, 414 Water Street, Akron, Ohio, who individually, and as secretary of said Ohio State Association of Electrotypers & Stereotypers, and as representative of the other officers of said respondent whose names are unknown, is named as respondent herein. The membership of said respondent, Ohio State Association of Electrotypers & Stereotypers, constitutes a class so numerous and changing as to make it impracticable to specifically name them all as parties respondent herein. The following, among others, are members of said respondent Ohio State Association of Electrotypers & Stereotypers, are fairly representative of the whole membership, and are named as respondents-herein in their individual capacities, in their capacities as members of said respondent Ohio State Association of Electrotypers & Stereotypers, and as representatives of all members of said respondent Ohio State Association of Electrotypers & Stereotypers asa class, including those not herein specifically named, who are also made respondents herein: The Akron Electrotype & Stereotype Company, 414 Water Street, Akron, Ohio; The Cincinnati Electrotype Company, 528 Walnut Street, Cincinnati, Ohio; The Ace. E’ectrotype Company, 1501 Superior Avenue, Cleveland, Ohio; The Dayton Electrotype Company, 820 W. Fifth St., Dayton, Ohio; Fort Pitt Electrotype Company, Inc., 530 Duquesne Way, Pittsburgh, Pa.;. and Atlas Electrotype Corporation, Factories Building, 12th and Woodruff Street, Toledo, Ohio.
Par. 8. Respondent, Wisconsin Employing Electrotypers Association is a voluntary unincorporated trade association with its principal office and place of business located at 1127 North Seventh Street, in the city of Milwaukee, Wisconsin. The membership of said respondent, Wisconsin Employing Electrotypers Association, is composed of individuals, partnerships and corporations engaged in the Se! Complaint 49 F.T.C.
manufacture, sale and distribution of electrotypes, stereotypes, matrices and multigraphs in interstate commerce. The affairs of said respondent, Wisconsin Employing Electrotypers Association, are conducted by Clifford W. Remington, 1127 N. Seventh St., Milwaukee, Wis., who, individually, in his capacity as secretary of said respondent Wisconsin Employing Electrotypers Association, and as representative of the other officers of said respondent whose names are unknown, is named as a respondent herein. The members of said respondent Wisconsin Employing Electrotypers Association, whose names and addresses are unknown are made respondents herein as members of said respondent Association. Par. 9. Respondent, Pacific Northwest Electrotypers and Stereotypers Association, is an unincorporated association with its principal office and place of business located at 1010 First Avenue in the city of Seattle, Washington. The membership of said respondent, Pacific Northwest Electrotypers and Stereotypers Association, is composed of individuals, partnerships and corporations engaged in the manufacture, sale and distribution of electrotypes, stereotypes, matrices and multigraphs in interstate commerce. The names and addresses of the officers of said respondent, Pacific Northwest Electrotypers and Stereotypers Association, who, individually and as such officers of said respondent, are named as respondents herein are: Harold J. Bothel, % Tacoma Electrotype Company, 15th & Commerce Streets, Tacoma, Washington, president, and Arthur Bernhard, % Art Craft Engraving & Electrotyping Co., Inc., 1010 First Avenue, Seattle, Washington.
The names and addresses of the members of said respondent Association residing in the United States of America, who, individually and as such members of said respondent Association, are made parties hereto, are as follows: Metropolitan Press Printing Company, 2603 Third Avenue, Seattle, Washington; Pacific Electrotype Company, Inc., Maritime Building, Seattle, Washington; Art Craft Engraving & Electroype Company, 1010 First Avenue, Seattle, Washington ; Spokane Electrotype Company, East 30 Sprague Avenue, Spokane, Washington; Western Newspaper Union, 1400 N. W.-Hoyt St., Portland, Oregon; Oregon Engraving and Electrotype Company, 9th and Couch Streets, Portland, Oregon; and Harold J. Bothel, trading as Tacoma Electrotype Company, 15th and Commerce Streets, Tacoma, Washington.
Par. 10. Respondent, Potomac District Association of Electrotypers & Stereotypers, is a voluntary unincorporated trade association, with its principal office and place of business located at 1508 Eckington Place, N. E.. in the city of Washington, D.C. The mem- INTER'L ASSN, OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 379 866 Complaint bership of said respondent, Potomac District Association of Electrotypers & Stereotypers is composed of individuals, partnerships and corporations engaged in the manufacture, sale and distribution of electrotypes, stereotypes, matrices and multigraphs in interstate commerce.
The affairs of said respondent Association are conducted by Charles E. Murray, secretary-treasurer, 1508 Eckington Place, N. E., Washington, D. C., who, individally, in his capacity as secretary-treasurer of said respondent and as representative of the other officers of said respondent Association, whose names are unknown, is named as a respondent herein.
The names and addresses of the members of said respondent, Potomac District Association of Electrotypers & Stereotypers, who, individually and as such members of said Association, are named as respondents herein, are: Baltimore Electrotype Company, Inc., 418-24 East Pratt Street, Baltimore, Maryland; Shane-Beever Co., Tnc., 297 North Holliday Street, Baltimore, Maryland; A. W. Harrison & Sons, Inc., 818-315 S. Sharp St., Baltimore, Maryland; Potomac Electrotype Company, Inc., 1508 Eckington Place, N. E., Washington, D. C.; American Electrotype Company, Inc., 930 H Street, N. W., Washington, D. C.; The Maple Press Company, Inc., 210 York Street, York, Pennsylvania; The Pennsylvania Electrotype Company, Inc., Pine Street and Boundary Avenue, York, Pennsylvania; Metropolitan Engraving & Electrotype Company, Inc., 1814 Ross Street, Richmond, Virginia; and H. D. Jordan, trading as Virginia Stereotype Service, 1333 East Franklin Street, Richmond, Virginia. Par. 11. Respondent, Employing Electrotypers Association of St. Louis, is a voluntary unincorporated trade association, with its principal office and place of business located at 914 Fine Street, in the city of St. Louis, Missouri. The membership of said respondent, Employing Electrotypers Association of St. Louis, is composed of individuals, partnerships and corporations engaged in the manufacture, sale and distribution of electrotypes, stereotypes, matrices and multigraphs in interstate commerce.
The affairs of said respondent, Employing Electrotypers Association of St. Louis, are conducted by George F. Preisler, secretarytreasurer, 914 Pine Street, St. Louis, Missouri, who, individually, in his capacity as secretary-treasurer of said respondent Association and as representative of the other officers of said respondent Association, whose names are unknown, is named as a respondent herein. The names and addresses of the members of said respondent Employing Electrotypers Association, of St. Louis, who, individually and as members of said respondent Association, are named ‘as respondents Complaint 49k. T.CG herein, are: Reinert-Preisler Electrotype Company, 914 Pine Street, St. Louis, Missouri; The Progressive Electrotype Company, 125 South with Street, St. Louis, Missouri; St. Louis Electrotype Foundry Company, 125 South 8th Street, St. Louis, Missouri; and Service Electrotype Company, Inc., 2122 Pine Street, St. Louis, Missouri. Par. 12. Respondent, Employing Electrotypers & Stereotypers of Philadelphia is a voluntary unincorporated association with its principal office and place of business located at 109 North 11th Street, in the city of Philadelphia, Fennsylvania. The membership of said association is composed of individuals, partnerships and corporations engaged in the manufacture, sale and distribution in interstate commerce of electrotypes, stereotypes, matrices and multigraphs. The names and addresses of the officers of said respondent Employing Electrotypers & Stereotypers of Philadelphia, who, individually and as such officers of said respondent, are named as respondents herein, are: D. Edward McAllister, president, c/o Progress Plate Making Co., 917-82 Filbert Street, Philadelphia, Pennsylvania, and Joseph Schwartz, secretary and treasurer, c/o Westcott & Thomson, Inc., 109-115 No. 11th Street, Philadelphia, Pennsylvania. The names and addresses of the members of said respondent Employing Electrotypers & Sterectypers of Philadelphia, who individually and as such members of said respondent are named as respondents herein, are: Belz Electrotype Co., Inc., 14 South Fifth Street, Philadelphia, Pennsylvania; Western Newspaper Union, 1836 Cherry Street, Philadelphia, Pennsylvania; Royal Electrotype Company, 1309 Noble Street, Philadelphia, Pennsylvania; Westcott & Thomson, Inc., 147-151 North 10th Street, Philadelphia, Pennsylvania; D. Edward McAllister, trading as Hanson Company, Sheridan Building, 9th and Sansom Streets, Philadelphia, Pennsylvania; Elmer Deputy, 123-125 Federal Street, Camden, New Jersey; and George S. Ferguson Company, 15 North Seventh Street, Philadelphia, Pennsylvania.
Par. 13, Respondent, Detroit Employing Electrotypers & Stereotypers Association, is a voluntary unincorporated Association with its principal office and place of business located at 1959 East Jefferson Avenue in the city of Detroit; Michigan. The membership of said association is composed of individuals, partnerships and corporations, engaged in the manufacture, sale and distribution in interstate commerce of electrotypes, stereotypes, matrices, and lithographs. The names and addresses of the officers of said respondent Detroit Employing Electrotypers & Stereotypers Association, who, individually and as such.officers of said respondent are named as respondents herein, are: Melville H. Kennedy, president, c/o Detroit Electrotype INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 381 3866 Complaint Co., 1959 East Jefferson Avenue, Detroit, Michigan, and Bob H. Kennedy, secretary and treasurer, c/o Detroit Electrotype Co., 1959 East Jefferson Avenue, Detroit, Michigan.
The names and addresses of the members of said respondent Detroit Employing Electrotypers & Stereotypers Association, who, individually and as such members of said respondent Association are named as respondents herein, are: Louis H. Booze, trading as City Electrotype Co., 814 Beaubien Street, Detroit, Michigan; Congress: Electrotype Co., 1826 East Congress Street, Detroit, Michigan; The Bell Electrotype Company, 508 West Congress Street, Detroit, Michigan; Michigan Electrotype & Stereotype Company, 95 West Hancock Avenue, Detroit, Michigan; Northern Electrotype Company, 41 Burroughs Avenue, Detroit, Michigan; and Detroit Electrotype Company, 1959 East Jefierson Avenue, Detroit, Michigan.. Par. 14. Respondent, Indiana State Electrotypers Association, is a voluntary unincorporated association with its principal office and place of business located at 120 West Superior Street, in the city of Fort Wayne, Indiana. The membership of said association is composed of individuals, partnerships and corporations engaged in the manufacture, sale and distribution in interstate commerce of electrotypes, stereotypes, matrices and multigraphs. The names and addresses of the officers of said respondent, Indiana State Electrotypers Association, who, individually and as such officers of said respondent are named as respondents herein, are: John N. Rettig, president, c/o Indianapolis Electrotype Foundry, 341-349 East Market Street, Indianapolis, Indiana, and C. C. Barnes, secretary and treasurer, c/o Fort Wayne Engraving Company, 120 West Superior Street, Fort Wayne, Indiana.
The names and addresses of the members of said respondent, Indiana State Electrotypers Association, who, individually and as members of said respondent association are named as respondents herein are: Advance Independent Electrotype Co., Inc.. 200 East Sycamore Street, Elkhart, Indiana; Miller Electroplating, Inc., 301 N. W. First Street, Evansville, Indiana; Fort Wayne Engraving Company, 120 West Superior Street, Fort Wayne, Indiana; W. B. Conkey Company, 601 Conkey Street, Hammond, Indiana; Advance Independent Electrotype Co., Inc., 730 East Washington Street, Indianapolis, Indiana; Indianapolis Electrotype Foundry, 841-349 East Market. Street, Indianapolis, Indiana; Western Newspaper Union, Murphy Building, Indianapolis, Indiana; Apex Electrotype Corp., 227-229. South Carroll Street, South Bend, Indiana; South Bend Engraving & Electrotyping Co., Inc., 282-236 South St. Joseph Street, South Bend, Indiana; and 260133-—_55——_ 28 Complaint 49 F. T.C.
Terre Haute Electrotype Company, 30814 North Ninth Street, Terre Haute, Indiana.
Par. 15. Respondent, Northern California Electrotypers and Stereotypers Association, is a voluntary unincorporated Association, with its principal office and place of business located at Room 242, Hotel Whitcomb, in the city of San Francisco, California. The membership of said Association is composed of individuals, partnerships and corporations, engaged in the manufacture, sale and distribution in interstate commerce of electrotypes, stereotypes, matrices and multigraphs. .
The names and addresses of the officers of said respondent Northern California Electrotypers and Stereotypers Association, who, individually and as such officers of said respondent, are named as respondents herein, are: W. P. Filmer, % The Filmer Brothers Electrotype Company, 830 Jackson Street, San Francisco, California, president, and Albert E. Benson, Room 242, Hotel Whitcomb, San Francisco, California, executive secretary.
The names and addresses of the members of said respondent Northern California Electrotypers and Stereotypers Association, who, individually and as such members of said respondent, are named as respondents herein, are: American Electrotype Division Electrographic Corp., 329 Freemont Street, San Francisco, California; The - Filmer Brothers Electrotype Company, 330 Jackson Street, San Francisco; Bert Hoffschneider and Brother, Inc., 500 Sansome Street, San Francisco, California; Stephen W. Johnson, trading as Johnson Mat & Stereotype Company, 500 Sansome Street, San Francisco, California; The Rapid Electrotype Company, 500 Howard Street, San Francisco, California; and Printing Plates, Inc., 585 21st Street, Oakland, California.
Par. 16. Respondent, Southern California Electrotypers & Stereotypers Association, is a voluntary unincorporated association, with its principal office and place of business located at 1210 Broadway Arcade Building, in the city of Los Angeles, California. The membership of said respondent, Southern California Electrotypers and Stereotypers Association, is composed of individuals, partnerships and corporations engaged in the manufacture, sale and distribution in interstate commerce of electrotypes, stereotypes, matrices and multigraphs. The affairs of said-respondent, Southern California Electrotypers and Stereotypers Association, are conducted by Harry R. Simon, executive secretary, 1210 Broadway Arcade Building, Los Angeles, California, who, individually, in his capacity as executive secretary of said respondent, and as representative of the other officers of said omit INTER'L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 383 366 Complaint respondent whose names are unknown, is named as a respondent herein.
The names and addresses of the members of said respondent, Southern California Electrotypers and Stereotypers Association, who, individually and as such members of said respondent, are named as respondents herein, are: American Engraving and Electrotype Company, 110 South Broadway, Los Angeles 12, California; Bryan- Brandenburg Company, 282 East 4th Street, Los Angeles 13, California; California Electrotype & Stereotype Company, 360 South Los Angeles Street, Los Angeles 13, California; Theodore Frase, trading as Frase Electrotype Company, 1120 South Maple Avenue, Los Angeles 15, California, and LL. A. Matrix Company, Ltd., 423 Wall Street, Los Angeles 13, California.
Par. 17. The names and addresses of those individuals, partnerships, and corporations who, while not members of the respondent International Association of Electrotypers & Stereotypers, Inc., or of the other respondent associations named herein, have nevertheless cooperated with said respondent associations in their activities, as hereinafter set out, and who are named as respondents herein, are: The Smith-Brooks Printing Co., 1743 California Street, Denver, Colorado; Wm. H. Lockwood Sons, Inc., 11 Edward Street, Hartford, Connecticut; Edward H. Parkhurst Co., 365 State Street, New Haven, Connecticut; The Southern Electro Company, 10 N. Newman Street, Jacksonville, Florida; The Wrigley Co., Inc., 110 Cain Street, N. W., Atlanta, Georgia; Merchants Matrix Cut Syndicate, 588 S. Clark Street, Chicago, Illinois; Meyer-Both Co., 1938 S. Michigan Avenue, Chicago, Illinois; Sampson & Ollier Electrotype Co., 141-149 W. Ohio Street, Chicago, Illinois; Schroeder Bros. Co., 120 W. Polk Street, Chicago, Illinois; Union Engraving Co., Inc., 101 Main Street, Peoria, Illinois; Rockford Illustrating Co., 317-321 Market Street, Rockford, Illinois; Roscoe Zeigler, trading as Springfield Electrotype Co., 515 E. Mason Street, Springfield, Illinois; Waterloo Engraving & Service Co., Arts & Crafts Building, Waterloo, Iowa; Louisville Electrotype Co., 204-206 E. Jacob Street, Louisville, Kentucky; Louisiana Electrotype Co., Inc., 732 Poydras Street, New Orleans, Louisiana; Superior Electrotype Co., Inc., 297 Congress Street, Boston, Massachusetts; The Colonial Press, Inc., Clinton, Massachusetts; J. S. Cushing Co., Washington Street, Norwood, Massachusetts; The Plimpton Press, Lennox Street, Norwood, Massachusetts; Arthur J. Cheney and Roger M. Powers, trading as Springfield Electrotype & Stereotype Service, 279 Dwight Street, Springfield, Massachusetts; Charles Van Vlack Co., 191 Chestnut Street, Springfield, Massachusetts; Battle Complaint 49 F. T.C.
Creek Electrotype Co., 43 N. Division Street, Battle Creek, Michigan; Jay B., Perry, trading as Perry Printing Co., 1025 E. Fourth Avenue, Flint, Michigan; Lansing Electrotype Co., 230 N. Washington Avenue, Lansing, Michigan; G. T. Iverson, trading.as Printing Trade Plate Makers Co., 305 Fifth Street, S., Minneapolis, Minnesota; Rotary Press Co., 300 East 4th Street, St. Paul, Minnesota; T. C. Parrish, trading as American Cut & Matrix Co., 610 Delaware Street, Kansas City, Missouri; Robert H. Smallfeldt, trading as Kansas City Electrotype Co., 616-618 Wyandotte Street, Kansas City, Missouri; Arterafts Engraving Co., 22414 S. 8th Street, St. Joseph, Missouri; John Wuest and D, Jules Sacks, partners, trading as Active Matrix Co., 325-29 N. 14th Street, St. Louis, Missouri; Lee Seibert, trading as National Matrix Service, 412 N. 15th Street, St. Louis, Missouri; T. P. Beacom and J. H. Davies, partners, trading as Beacom-Davies Co., 914 Farnam Street, Omaha, Nebraska; Charles J. Hely and John E. McCormack, partners, trading as, Hely & McCormack, 55-57 Lafayette Street, Newark, New Jersey; Albany Electrotype Co., Inc., P. O. Box 1259, Albany, New York; Williams Press, Inc., North Broadway, Albany, New York; Willard H. Marshman, trading as Quality Electrotype Foundry, 1 Daniel Street Cor. Beaver Street, Albany, New York; A. E. Munyer Electrotype Co., Inc., 662-668 Pacific Street, Brooklyn, New York; William J. Onink, Inc., 155 Seymour Street, Buffalo, New York; The Cornwall Press, Inc., Shore Road, Cornwall, New York; Ad Plate & Mat Co., Inc., 227 E. 45th Street, New York, New York; Empire City Electrotype Co., Inc., 251 William Street, New York, New York; Neptune Electrotype. Corp., 804 East 28rd Street, New York, New York; Mulligan & Walsh, Inc., 310 E. 45th Street, New York, New York; Publishers Plate & Mat Co., Inc., 318 West 37th Street, New York, New York; Western Newspaper Union, 310 E. 45th Street, New York, New York; Gilman Fanfold Corp., Buffalo Avenue at Porter Park, Niagara Falls, New York; The J. W. Ford Co., 108 W. Central Parkway, Cincinnati, Ohio; The McDonald Printing Co., Arbor Place, Cincinnati, Ohio; The Rapid Electrotype Co., McMicken Avenue at Race Street, Cincinnati, Ohio; James T. Flanagan and Frank J. Flanagan, partners, trading as Advertisers Matrix Co., 24 Noble Court, N. W., Cleveland, Ohio; Standard Plate & Matrix Co., 1104 Prospect Avenue, Cleveland, Ohio; E. L. Geiger, trading as Geiger Stereotype Co., 223 S. Ludlow, Dayton, Ohio; The Gilbert-Baker-Midlam Co., 38 N. Jefferson Street, Dayton, Ohio; Springfield Electrotype Co., 416 Linn, Springfield, | Ohio; Bureau of Engraving, 315 N. Broadway, Oklahoma; J. R. Cissna and W. T. Resing, partners, trading as Oklahoma Mat & Plate Co., 825 N. W. Second Street, Oklahoma City, Oklahoma; The Morgan INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 385 366 Complaint Co., Inc., 128 W. Third Street, Tulsa, Oklahoma; Keystone Electrotype Co., 123 E. 17th Street, Erie, Pennsylvania; Potomac Electrotype Co., 919 Walnut Street, Philadelphia, Pennsylvania; D. Edward McAllister, trading as Progress Plate Making Co., 917-23 Filbert Street, Philadelphia, Pennsylvania; Jos. W. Sullivan, trading as J. W. Sullivan Co., 422 First Avenue, Pittsburgh, Pennsylvania; Art Engraving & Electrotype Co., Inc., 634-636 Court Street, Reading, Pennsylvania; Acme Plate & Mat Co., 392 W. Lancaster Avenue, Wayne, Pennsylvania; Erskine & Morrison, Inc., 7 Beverly Street, Providence, Rhode Island; Chattanooga Electrotype Co., 239 E. 11th Street, Chattanooga, Tennessee; W. D. Hoard & Sons, 28 W. Milwaukee Avenue, Fort Atkinson, Wisconsin; Progressive Printing Plate Service, Inc., 1732 So. Broadway, Green Bay, Wisconsin; Carl H. Lahl, trading as Lah] Matrix & Plate Co., 104 E. Mason Street, Milwaukee, Wisconsin; L. R. Dowling, % Western Newspaper Union, 1400 N. W. Hoyt St., Portland, Oregon; Stetson D. Richmond, % Reilly Electrotype Co., 305 East 45th St., New York, N. Y.; Cy Means, % Typothetae, Detroit, Michigan; R. McDonald, % Western Newspaper Union, Detroit, Michigan; Precision Electrotype Company, 1045 Sansome Street, San Francisco, California; Western Newspaper Union, 500 Howard Street, San Francisco, California; Muirson Label Company, Inc., San Jose, California; Arthur W. Hoffschneider and Alma Hoffschneider, partners trading as A. W. Hoffschneider Company, 912 6th St., Sacramento, California, and the Methodist Book Concern, 420 Plum Street, Cincinnati, Ohio. Par. 18. The members of said respondent associations heretofore named in Paragraphs One to Sixteen, both inclusive, and the individual respondents named in Paragraph Seventeen, are located in various States of the United States. Most of the said members of said respondent associations, and the individual respondents are engaged in the business of manufacturing, selling and distributing electrotypes, stereotypes, matrices and multigraphs to purchasers located in States other than the State in which said respective respondents are located, causing said products when so sold to be transported from their respective places of business to the purchasers thereof, and there has | been and now is a course of interstate trade and commerce in said products between the members of said respondent associations and said individual respondents and the purchasers of said products located throughout the several States of the United States. Respondent associations hereinbefore mentioned in Paragraphs Two to Sixteen, both inclusive, have served and do now serve as regional and State organizations of respondent International Association of Electrotypers and Stereotypers, Inc., and have cooperated and do now Complaint 49 F, T.C, cooperate with said respondent International Association of Electrotypers and Stereotypers, Inc., in its said activities as hereinafter set out. The respondents hereinbefore mentioned in Paragraph Seventeen are not members of said respondent International Association of Electrotypers and Stereotypers, Inc., nor of the other respondent associations, but said respondents have cooperated with said respondent associations in their activities. Said respondent members of said respondent associations named in Paragraphs One to Sixteen, both inclusive, and said nonmember respondents named in Paragraph Seventeen hereof are now and have been during all of the times mentioned herein engaged in competition with other members of the industry in making and seeking to make sales of their said products in said commerce, and but for the facts hereinafter alleged would now be in free, active and substantial competition with each other in their respective selling areas.
Par. 19. Said respondent members acting in cooperation with each other and through and in cooperation with said respondent associations and said nonmember respondents for more than two years last past, and particularly since June 16, 1938, have entered into an understanding, agreement, combination, conspiracy and planned common course of action among themselves and with and through said respondent associations and said individual respondents to restrict, restrain and suppress competition in the sale and distribution of electrotypes, stereotypes, matrices, and multigraphs to customers located throughout the several States of the United States and in the District of Columbia as aforesaid by agreeing to fix and maintain uniform prices, terms and discounts at which said electrotypes, stereotypes, matrices, - and multigraphs are to be sold, and to cooperate with each other in the enforcement and maintenance of said fixed prices, terms and discounts by exchanging information through said respondent. associations as to the prices, terms and discounts at which said respondent members have sold and are offering to sell said electrotypes, stereotypes, matrices and multigraphs to customers and prospective customers.
Par. 20. Pursuant to said understanding, agreement, combination, conspiracy, and planned common course of action and in furtherance thereof, the said respondents have done and performed and still do and perform, among others, the following acts and things: (1) Respondent International Association of Electrotypers and Stereotypers, Inc., has devised, worked out and promulgated standard scales of prices to be charged for electrotypes, stereotypes, matrices and multigraphs and has distributed said standard scales of prices to INTER'L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 387 3866 Complaint and among, and secured the adoption and use of the same by the various regional and local respondent associations and by the various nonmember respondents and has by this means established fixed standard prices for said products.
(2) Respondent International Association of Electrotypers and ~ Stereotypers has acted as a clearing house for the exchange of the information submitted to it by said respondent members including reports of sales of said electrotypes, stereotypes, matrices anid multigraphs, together with the prices, discounts and terms at which said electrotypes, stereotypes, matrices and multigraphs are sold or offered to be sold. Said respondent International Association of Electrotypers and Stereotypers, Inc., has also served as a policing agency. to enforce standard uniform prices for electrotypes, stereotypes, matrices and multigraphs and has made efforts to adjust disputes arising between said members of said respondent association as a result of deviations from the standard scale of prices. (3) Regular meetings of the members of said respondent International Association of Electrotypers and Stereotypers, Inc., and of the members of the various regional and local associations hereinbefore mentioned have been and are held from time to time at convenient locations within the United States and at said meetings said respondent members have discussed and do discuss trade and competitive conditions in said industry, and have agreed upon and established and do agree upon and establish trade policies to be followed, prices to be charged, and discounts and terms to be allowed by said respondent members in the interstate sale and distribution of their said electrotypes, stereotypes, matrices and multigraphs. (4) Said respondent International Association of Electrotypers and Stereotypers, Inc., and said respondent regional and local asso-_ ciations have formulated and established uniform trade customs and practices, uniform terms of sale and discount, and uniform scales of prices for said products, which said uniform prices are not based upon and do not reflect their divergent costs of production of said products but are arrived at without regard to their divergent costs of production, and said respondent members have adopted and maintained, and now maintain, said uniform trade customs, terms of sale, discounts and prices.
(5) Said respondents who are not members of the respondent International Association of Electrotypers and Stereotypers, Inc., nor of the respondent regional or local associations have adopted at the suggestion and solicitation of said respondent associations and used and do now use the standard scales devised and promulgated by the Findings 49 F.T.C.
respondent International Association of Electrotypers and Stereotypers, Inc., and the aforesaid uniform trade customs, terms of sale, discounts and prices.
Par. 21. The result of the acts and practices of the said respondent members of said respondent associations and of said individual nonmember respondents as hereinabove set out in Paragraph Twenty has been and now is to substantially lessen, restrict, restrain and suppress price competition in the interstate sale of electrotypes, stereotypes, matrices and multigraphs throughout the several States of the United States and in the District of Columbia, and empowers the said respondents to control the market and to enhance the prices of said electrotypes, stereotypes, matrices and multigraphs above the prices which would prevail therefore under normal, natural and open competition between said respondents, and also to tend to create a monopoly in said respondent members and in said cooperating nonmember respondents in the manufacture and sale of electrotypes, stereotypes, matrices and multigraphs in interstate commerce. Par, 22. The acts and practices of the respondents as herein alleged are all to the prejudice and injury of the public, have a dangerous tendency to and have actually hindered and prevented price competition between and among respondents in the sale of electrotypes, stereotypes, matrices and multigraphs in interstate commerce and have placed in respondents the power to control prices, have increased the prices of electrotypes, stereotypes, matrices and multigraphs paid by the purchasers thereof and consequently the prices paid by the public, have created in the respondents a monopoly in the sale of electrotypes, stereotypes, matrices and multigraphs in such commerce and unreasonably restrained such commerce in electrotypes, stereotypes, matrices and multigraphs, and constitute unfair methods of competition within the intent and meaning of Section 5 of the Federal Trade Commission Act.
Revort, Frypincs as To THE Facrs, anp ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on July 20, 1945, issued and subsequently served its complaint in this proceeding on the respondents named in the caption hereof, charging them with the use of unfair methods of competition in commerce in violation of the provisions of said Act. After the issuance of said complaint and the filing of answers thereto, and after testimony and other evidence in support of and in opposition to the allegations of the complaint were introduced before a hearing examiner of the Commission theretofore duly desig- INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 389 366 Findings nated by it, which testimony and other evidence were duly recorded and filed in the office of the Commission, counsel in support of the complaint and counsel for certain of the respondents entered into a written stipulation by which it was stipulated and agreed to waive further intervening procedure (except the filing of a recommended decision by the hearing examiner) and to propose and consent that the hearing examiner and the Commission proceed on the record herein to make findings as to the facts and conclusions based thereon and that the Commission enter, as to the respondents so stipulating, an order of the substance and form set forth in an exhibit attached to and made a part of said stipulation.
Thereafter this proceeding regularly came on for final hearing before the Commission upon the complaint, answers thereto, testimony and other evidence, recommended decision of the hearing examiner with exceptions thereto filed by respondent Precision Electrotype Company and by Marathon Corporation, an unspecified member of a respondent class, and briefs and oral argument of counsel in support of and in opposition to the allegations of the complaint insofar as they pertain to respondent Precision Electrotype Company; and the Commission, having duly considered the matter and having entered its order disposing of the exceptions to the recommended decision of the hearing examiner, and being now fully advised in the premises, finds that this proceeding is in the interest of the public and makes this its findings as to the facts and its conclusion drawn therefrom. .
FINDINGS AS TO THE FACTS ParacraPH 1. Respondent International Association of Electrotypers and Stereotypers, Inc., hereinafter sometimes referred to as respondent International, is a non-profit corporation organized and existing under the laws of the State of Ohio, with its principal office and place of business located at 949 Leader Building, Cleveland, Ohio. Said respondent International was organized in the year 1897 as an association of electrotypers. In or about the year 1934 stereotypers were also included and the name of the association was changed to the present title.
The membership of respondent International consists of various individuals, partnerships, and corporations located in the several States of the United States, and which are engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. An electrotype, which is by far the most important of all the products involved in this proceeding, is a reproduction or duplicate of type or other cuts in the form of.a printing plate and is produced Findings 49 F. T.C.
by means of the electrolytic process of plate making. It is made by taking an impression in wax or soft, pliable lead and depositing on this mould a thin shell of copper or nickel-steel by an electrical process. The shell is then backed with electrotype metal. Electrotypes are used for printing purposes by commercial printers, advertising agencies, and others. The commercial job electrotype work refers to electrotypes for use by commercial printers principally. A stereotype is a duplicate of a printing plate or type form produced by using a matrix as a mould in which lead or stereotype metal is poured to make the plate.
A matrix is a paper mould or impression made by the imprint of type upon sheet of paper pressed together. Both stereotypes and -matrices are used for printing by newspapers. oo Electrotypes, stereotypes, and matrices are made in an infinite variety of shapes, sizes, and kinds and may be of either copper or nickel finish, and may have either heavy or light shells, with different kinds of mounting, etc.
' Respondent International was organized for the avowed purposes of (1) fostering friendship between producers of electrotypes and stereotypes; (2) devising ways and means for advancing the interests ot the industry; (3) spreading its influence through the establishment of local and sectional associations; (4) developing cooperation in all matters of mutual interest; (5) thoroughly organizing the electrotypers and stereotypers in America and maintaining a just and equitable method of doing business; (6) urging electrotypers and stereotypers to cooperate with one another to eliminate the evils of ignorant and ruinous competition; (7) spreading a wider knowledge of cost elements and of a proper remuneration; and (8) establishing standards, principles, and policies for the guidance of its members in their dealings with one another and with the public. Respondent International is governed by an Executive Board composed of its officers and a representative elected or appointed by each local or sectional trade association in which three or more members are also members of respondent International. The Executive Board has full power to act for and in behalf of respondent International in all matters pertaining to or affecting respondent International. The Executive Board also has the power to appoint from time to time, and has so appointed, an Executive Committee, which Committee acts for and in behalf of the Executive Board and the members of respondent International in all matters pertaining to or affecting respondent International in the interim between meetings of that organization. Respondent International holds meetings of the general membership annually, and the Executive Board usually meets for its annual meet- INTER'L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 39] 366 Findings ing just prior to the general meeting. The Executive Committee of respondent International meets at the request of the president to pass upon special matters only.
Membership in a local Association does not automatically confer membership in respondent International, nor does membership in respondent International automatically confer membership in a local Association. When any given area is entitled to representation on the Executive Board of respondent International, the Executive Secretary of respondent International] notifies the members in the particular area and invites them to appoint a representative. Each of the members pays dues to respondent International, the amount of which is based upon the number of employees which the member has engaged in the production of electrotypes, stereotypes, or matrices. Respondent Albert P. Schloegel is, and has been since May 1, 1940, Secretary-Treasurer and Executive Secretary of respondent International, and in that capacity he has actively participated in various of the acts and practices described herein. His address is 949 Leader Building, Cleveland, Ohio. The Executive Secretary of respondent International has full charge over the conduct of the office of said respondent, subject, however, to instructions from the Executive Board and the Executive Committee. The Evecutive Secretary visits the members of respondent International located in various cities of the United States as. often as possible, and holds group meetings among such members. For example, a short time prior to October 25, 1940, the respondent Schloegel visited the respondent electrotypers in St. Louis and held a meeting at which the standard scale of prices issued by respondent International and the night shop or night work situation were discussed. Thereafter, the St. Louis electrotyper members of respondent International held several meetings among themselves, and on December 2, 1941, began to use the standard electrotype scale issued by respondent International.
Par. 2. Respondent International publishes from time to time a directory of electrotype and stereotype producers in which every known firm in the industry located in the United States and Canada is listed. The directory issued as of March 1, 1947, lists approximately 449 producers, of which 166 were listed as being members of respondent International. Of the 283 non-members listed in said directory, 81 were listed as private plants not producing for commercial sale. The 283 non-members also included 70 firms which do not produce any electrotypes but were engaged in the production and sale only of stereotypes or matrices, or both. The names and addresses of various local, State, and regional associations are also listed in the directories published by respondent International. The volume of production of Findings 49 F. T. C.
the members of respondent International cannot be ascertained from the record.
The said directory issued by respondent International as of March 1, 1947, shows that, with the exception of the Pacific Coast, the majority of electrotypers located in the large cities of the United States are members of respondent International. In New York City, for example, there were 28 firms listed, excluding private plants, and 14 of these 23 were members of respondent International.’ In Chicago the number of members was 22 out of 26, not including private plants. In Boston the members outnumbered non-members by 3 to 1; in Detroit, by 5 to 1; and in Buffalo, Baltimore, Philadelphia, and Newark, New Jersey, the members outnumbered non-members by 2to 1. In addition, said directory also shows that respondent International had among its membership all of the electrotypers located in the following cities:
Number of commercial City: electrotypers Milwaukee, Wis_--..----------~------------------ Cleveland, Ohio__--..---------------------------- St. Louis, Mo_-_-----__--------------------- ee Pittsburgh, Pa_-_--------_-- ween enna nnn eee Indianapolis, Ind__------------------------------- Atlanta, Ga___----------------------------------- Washington, D, C___--------------- penne South Bend, Ind__--------------------.__.-__-____ Nashville, Tenn__--__--_----------------_______-___ Syracuse, N. Y__.-------------------------------- St. Paul, Minn__--------_------- ee Louisville, Ky_-------_---------__-----_-__-_---_- Worcester, Mass___._-------------.------__--_--__ Richmond, Va_-_-----------------------_--__--_- Houston, Tex--___------+__- naan eee een Fort Worth, Tex__--_--_.-----.--_---------_--_--__- Dallas, Tex___-----.------------_----------------- Providence, R, I___------------------------------- Toledo, Ohio___------~--------------------------- Columbus, Ohio__-------------------------------- Canton, Ohio____--------_------ ee Akron, Ohio ____-_-___----- eee Schenectady, N. Y__------------------_-2----- ee Omaha, Nebr____-----_---_---_------- Portland, Maine__--_----__-----_--___-__-- wae nnee Des Moines, Iowa_-----------------_--__------_--_bt ort pe RR RR hh Re DN DO NN DY ~H WP Or oH INTER'L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 393 3866 Findings City Fort Wayne, Ind__---------- Evansville, Ind-------------- New Haven,-Conn__-.-----_--- Hartford, Conn_-------- a Number of commercial electrotypers The complaint herein includes all the members of respondent International as respondents and specifically names certain of said members as representative of all the members. It appears from the record, however, that for various reasons, certain of said members should not be retained as respondents in this proceeding. The names and addresses of the members of respondent International who are included as respondents herein because of their membership in respondent International and because of the participation by each in some of the acts and practices described herein, are: A. B. ©. Electrotype Co., 522 South Clinton Street, Chicago, Il.
Ace Electrotype Co., 426 South Clinton Street, Chicago, Ill.
The Ace Electrotype Co., 1501 Superior Avenue, Cleveland, Ohio.
G. A. Ackermann Electrotype Co., 727 W. Van Buren Street, Chicago, Ill.
Acme Electrotype Co., 712 Federal Street, Chicago, Ill.
Advance Independent Blectrotype Co., Inc., 730 East Washington Street, Indianapolis, Ind. ;
The Akron Electrotype & Stereotype Co., 414 Water Street, Akron, Ohio.
American Electrotype Co., 732 W. Van Buren Street, Chicago, Il.
The American Electrotype Co., 2182 East Ninth Street, Cleveland, Ohio.
American Electrotype Division of Electrographic Corp., 829 Fremont Street, San Francisco, Calif, American Electrotype Co., Ine., 1424 Florida Avenue NE., Washington, D. C.
Anderson & Hedwall Co., Lindeke Building, Fourth and Rosabel Streets, St. Paul, Minn.
Apex Electrotype Corp., 227 South Carroll Street, South Bend, Ind. _ The Artcraft Electrotype Co., 704 Union Street, Ashland, Ohio.
The Art Electrotype Co., 1104 Prospect Avenue, Cleveland, Ohio.
Atlantic Electrotype & Stereotype Co.
(a division of respondent The Rapid Electrotype Co., Cincinnati), 228 East 45th Street, New York, N. Y.
Atlas Electrotype Corp., Factories Building, 12th and Woodruff Streets, Toledo, Ohio. :
Back Bay Electrotype & Engraving Co., 172 Columbus Avenue, Boston, Mass.
Badger-American Hlectrotype Co., 407 East Michigan Street, Milwaukee, Wis.
Baltimore Electrotype Co., Ine., 418 East Pratt Street, Baltimore, Md.
Findings 49 F. TC.
Barnum-Hayward Electrotype Co., Inc, Crescent Engraving Co., 116 Olive Street, New Haven, Conn.
John Beissel Co., 488 Sibley Street, St. Paul, Minn.
The Bell Electrotyping Co., 508 West Congress Street, Detroit, Mich. ;
Bickford Engraving & Electrotype Co., 20 Mathewson Street, Providence, R. I.
Bison Electrotype Co., Inc., 33 Franklin Street, - Buffalo, N. Y. :
Blomgren Bros. & Co., 626 Federal Street, Chicago, Tl, J. T. Buntin, Inc., 228 East 45th Street, New York, N, Y.
Bush-Krebs Co., 408 West Main Street, Louisville, Ky.
Canton Engraving & Hlectrotype Co., 400 Third Street SE., Canton, Ohio.
Capital City Printing Plate Co., 1912 Grand Avenue, Des Moines, Iowa.
Central City Electrotype Co., Inc., 107 North Franklin Street, Syracuse, N. Y.
The Central Electrotype Co., 1760 East 22d Street, Cleveland, Ohio.
Central Electrotype Foundry Co., Inc., 71 Warren Street, Newark, N. J.
Central Typesetting & Electrotyping Co., 4600 Diversey Avenue, Chicago, Ill. .
Chicago Electrotype & Stereotype Co., 850. Hast Cermak Road, Chicago, Il.
Congress Electrotype Co., 1326 East Congress Street, Detroit, Mich.
Consolidated Electrotypers, Inc., 732 Federal Street, Chicago, Ill.
344 North Church Street, Kalamazoo, Mich.
The Cresset Co., 110 Greenwich Street, New York, N. Y.
The Thomas H. Crosley Co., 17 Rose Street, New York, N. YY. - The Dayton Electrotype Co., 320 West Fifth Street, Dayton, Ohio.
Detroit Electrotype Co., 1959 East Jefferson Avenue, Detroit, Mich.
J. K. Dean, an individual trading as Dixie Electrotype Co., 150 Fifth Avenue North, Nashville, Tenn.
Dorsey Printers Supply Co., Inc., 125 Pontotoc Avenue, Memphis, Tenn.
Electrotype Service, 222 East Ohio Street, Indianapolis, Ind.
Electrotype Service Corp., 63 Portland Street, Worcester, Mass.
Elliot Electrotype, Stereotype & Matrix Co., Ine., 461 Highth Avenue, New York, N. Y.
The Employing Printers Electrotype Co., 904 Sycamore Street, Cincinnati, Ohio.
The Filmer Bros. Electrotype Co., 830 Jackson Street, San Francisco, Calif.
Edwin Flower, Inc., 216 William Street, New York, N. Y.
Flower Steel Electrotype Co., 461 Eighth Avenue, New York, N. Y.
Fort Pitt Electrotype Co., Inc., 5380 Duquesne Way, Pittsburgh, Pa.
Fort Wayne Engraving Co., 120 West Superior Street, Fort Wayne, Ind.
INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 395 366 Findings Freeport Electrotype Co., 109 West Jackson Street, Freeport, Ill.
Gage Printing Company, Ltd., 29 North McCamley Street, Battle Creek, Mich.
Galvanic Printing Plate & Matrix Co., Inc., 9 Barrow Street, New York, N. Y¥.
Genesee Electrotype Co., 97 North Water Street, Rochester, N. Y.
Gether Electrotype Co., 1423 North 5th Street, Milwaukee, Wis.
Gilliams & Rubin, Inc., 225 West 39th Street, New York, N. Y.
Globe Electrotype Corp. (named in the complaint as Globe-Saam Hlectrotype Corp.), 240 West 40th Street, New York, N. Y.
Globe Engraving & Electrotype Co., 711 South Dearborn Street, Chicago, Ill.
Grand Rapids Electortype Co., 19 La Grave Street SE., Grand Rapids, Mich.
Graphic Arts Electrotype & Matrix Ce. (a division of American Typesetting Corp.), 547 South Clark Street, Chicago, Il.
Higwell Matrix Co., Inc., 240 West 40th Street, New York, N. Y.
Arthur W. Hoffschneider, an individual operating A. W. Hoffschneider Co., and Alma Hoffschneider, an individual trading as A. W. Hoffschneider Co., 912 6th Street, Sacramento, Calif, Home City Hlectrotype Works, Inc., 29 Worthington Street, Springfield, Mass.
Holmes Electrotype Foundry, 167 Commercial Street, Worcester, Mass.
Illinois Electrotype Co., 501 South Jefferson Street, Chicago, Ill.
Indianapolis Electrotype Foundry, 348 East Market Street, Indianapolis, Ind. - A. G. Johnson Electrotype Co., 808 South Sixth Street, Minneapolis, Minn.
Kansas City Central Electrotype Co., (formerly Robert H. Smaillfeldt, trading as Kansas City Hlectrotype Co.), 928 Central Street, Kansas City, Mo.
S. J. Kelley and Estate of Fred C. Kelley, partners trading as S. J. Kelley Engraving Co., 19 Chenango Street, Binghampton, N. Y.
Kingsboro Electrotype Corp., 800 Adams Street, Brooklyn, N. Y.
Knickerbocker Electrotype Co., 424 West 33d Street, New York, N. Y.
A. R. Koehler Electrotype Co., Inc., 567 Washington Street, Buffalo, N. Y.
L, A. Matrix Company, Ltd., 423 Wall Street, Los Angeles, Calif.
Lake Shore Electrotype Co.
418 South Market Street, Chicago, III.
Lancaster Press, Inc., Prince and Lemon Streets, Lancaster, Pa. _ Louisville Electrotype Co., 204 East Jacob Street, Louisville, Kentucky.
Maple Press Co., Ine., 210 York Street, York, Pa.
D. Edward McAllister, trading as Hanson Co. and as Progress Plate Making Co., Sheridan Building, 125 South 9th Street, Philadelphia, Pa.
Findings Sam Ross McElreath, trading as Sam Ross McElreath Co., 1121 Canton Street, Dallas, Tex.
Arthur W. McGrath and Evelyn Me- Grath, partners trading as Century Electrotype Co., 160 East Illinois Street, Chicago, IIl.
Merchants Matrix Cut Syndicate, Inc., 5388 South Clark Street, Chicago, III.
Walter J. Meserve, Inc.
105 Middle Street, Portland, Maine.
Metro Matrix & Reproduction Co., Inc., 80 Madison Avenue, New York, N. Y.
Metropolitan Engraving & Electrotype Co., Inc., 1314 East Grace Street, Richmond, Va.
Michigan Electrotype & Stereotype Co., 95 West Hancock Avenue, Detroit, Mich.
Miller Electroplating, Inc., 801 Northwest First Street, Evansville, Ind.
‘The Milwaukee Electrotype Co., 1127 North 7th Street, Milwaukee, Wis.
A. E. Munyer Electrotype Co., Ine., 27 Sixth Avenue, Brooklyn, N. Y.
National Electrotype Co., 628 Federal Street, Chicago, Il.
Nebraska Electrotype Co., - 419 South 12th Street, Omaha, Nebr.
New England Electrotype Co., 470 Atlantic Avenue, Boston, Mass.
New York Electrotyping Co., Inc., 811 West 48d Street, New York, N. Y.
Norman-Dohm-O’Flaherty Co., Ine.
228 East 45th Street, New York, N. Y.
49 F.T.C, Northern Electrotype Co.
(a division of respondent The Rapid Electrotype Co., Cincinnati), 41 Burroughs Avenue, Detroit, Mich.
Northwestern Electrotype Co., 410 Washington Street, Menasha, Wis.
Nu-Method Matrix & Plate Co., Inc., 239 West 39th Street New York, N. Y.
Pacific Electrotype Co., Inc., 202 Maritime Building, Seattle, Wash.
Partridge & Anderson Co., 712 Federal Street, Chicago, IL.
Pennsylvania Electrotype Co., Inc., Pine Street and Boundary Avenue, York, Pa.
Phoenix Supplies Co..
1525 Fairfield Avenue, Cleveland, Ohio.
Pontiac Engraving & Electrotype Co., 812 West Van Buren Street, Chicago, Ill.
Portland Electrotrype & Stereotype Co., Ine, 718 West Burnside Street, Portland, Oreg.
Potomac Electrotype Co. of New Jersey, 919 Walnut Street, Philadelphia, Pa.
Potomac Electrotype Co., Inc., 1508 Eckington Place NE., Washington, D. C.
Progressive Electrotype Co., 125 South 11th Street, St. Louis, Mo.
Progressive Matrix Co., 517 South Jefferson Street, Chicago, III.
The Quality Engraving & Electrotype Co., :
486 Commercial Square, Cincinnati, Ohio.
The Rapid Electrotype Co., MeMicken Avenue at Race Street, Cincinnati, Ohio.
Reilly Electrotype Co., 305 East 45th Street, New York, N. Y.
INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 397 Reinert-Preisier Plectrotype Co., 914 Pine Street, St. Louis, Mo.
F. A. Ringler Co., 40 Park Place, New York, N. Y.
F. J. Ringler & Co., 732 Federal Street, Chicago, T1.
Nochester Electrotype & Engraving Co., Ine., 170 North Water Street, Rochester, N. Y.
Royal Electrotype Co., 1309 Noble Street, Philadelphia, Pa.
Royal Electrotype Co. of New England, 592 Newberry Street, Boston, Mass.
Ruralist Press, Inc., 718 Glenn Street SW., Atlanta, Ga.
Scranton Electrotype Co., 1188 Capouse Avenue, Scranton, Pa.
Service Electrotype Co., 738 North Van Buren Street, Milwaukee, Wis.
Service Electrotype Co., 108 Ferry Street, Pittsburgh, Pa.
Service Electrotype Co., Inc., 2122 Pine Street, St. Louis, Mo.
Shane-Beever Co., 227 North Holliday Street, Baltimore, Md.
Shea & Manton Co., 40 Lincoln Street, Boston, Mass.
William Snell & Co., 10 Columbia Street, Newark, N. J.
South Bend Engraving & Electrotyping Go., Inc., ;
232 South St. Joseph Street, South Bend, Ind.
Springfield Electrotype Co., (formerly Roseoe Zeigler and wife, partners trading as), 515 East Mason Street, Springfield, I.
260133—55-——29 Findings St. Louis Electrotype Foundry Co., 125 South 8th Street, St. Louis, Mo.
Standard Electrotype Co., 704 Second Avenue, Pittsburgh, Pa.
Stoddart-Bell Electrotype Co., Inc., (named in the complaint as Stoddart- Bell Electrotype Co.), - 175 Varick Street, New York, N. Y.
Syracuse Electrotype Corp., 148 Gifford Street, Syracuse, N. Y.
Union FElectrotype Co., 601 South Jefferson Street, Chicago, Il.
United Electrotype & Stereotype Co., 426 South Clinton Street, Chicago, Ill.
United Electrotype Co., 517 Commerce Street, Nashville, Tenn.
Yan Bolt-Kreber Electrotype Co., 145 North Grant Avenue, Columbus, Ohio.
Theodore C. Walters, trading as Walters Electrotype Co., 10 Devereux Street, Utica, N. ¥.
Webb Publishing Co., 55 East 10th Street, St. Paul, Minn.
Westcott & Thomson, Inc., 1027 Arch Street, Philadelphia, Pa.
Western Newspaper Union, 810 East 45th Street, New York, N. Y.
Jacob Weinstein, trading as The Sherwen Co., 40 West 27th Street, New York, N. Y.
The Wrigley Co., 110 Cain Street NW., Atlanta, Ga.
Williams Press, Inc., Menands, N. Y.
Findings 49 F.T.C.
Par. 3. In October 1936, respondent International, at its 39th Annual Convention, in Dallas, Texas, adopted a code of ethics which was recommended for the guidance of all electrotypers and sterotypers throughout the United States. Among the 26 provisions of this code were the following:
OF OUR DUTY TO OURSELVES * oe # 2. To practice clean, honorable competition, and not degrade our business, remembering that destructive competition is always injurious to those practicing it.
oo * ae 5. To foster and maintain cordial and friendly relations toward other intelligent and honorable employers in our industry by associating with them in local and area organizations, and by studying their ways and methods; and in like manner, sharing with them the results of our experience and observation. 6. To endeavor to secure and maintain a reputation in the community of being honest, intelligent and progressive businessmen and citizens, to whom work of the most exacting character may be safely intrusted without competitive bidding. 7. To remember that in order that our business may be safely and efficiently conducted, sound Accounting Methods must be employed, including an approved Cost System, by which we may ascertain and record our cost, statistics and other data, and thus be enabled to sell our work at a fair profit. To make no charges which cannot be proved by records as fair for the work done and services rendered. - 8. To remember that each charge must not only cover direct labor and material, but also its proportionate cost of wear and tear of plant and machines, interest on money borrowed or invested, losses on work and accounts, rent, taxes, insurance, office and clerical expenses, and all other expense items, including advertising and the cost of selling, and fair salaries to proprietors, managers and others in responsible positions.
9. If operating on small capital and doing part of our own work, to realize that we cannot sell it cheaper than our large competitor unless we are willing to live for less than do his employees. Rather should we render and charge for superior personal service and quality.
10. To ever remember that quoting a low price does not reduce the cost of production nor decrease the overhead expenses. 11. To pay no commissions to parties directly or indirectly representing the interests of the buyer. To be as honorable in our selling as we expect others to be when we are buying.
12. To remember that volume of duplicate work alone is the only basis for special prices. That under similar conditions costs are the same for one customer’s work as for another’s, ;
OUR DUTY TO EACH OTHER 18. To welcome any new competitor entering our business, remembering that if our information or advice help him to conduct his business on a better or more profitable basis, we are also, either directly or indirectly, the beneficiaries; and, conversely, if he suffers, we may and probably will, also. 14. To remember that ignorance and prejudice are the most dangerous and demoralizing factors of business competition. To open our places, our books, INTER’L ASSN, OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 399 366 Findings and our experience to any competitor for any helpful purpose, so long as we are satisfied. that the information generously given will be honorably used. 15. To avoid the evils consequent on over-equipment. Hence to never install a new machine or tool unless an old one is taken out, or unless really necessary because of a steady growth of permanent business. Idle machinery will weaken the stiffest backbone ever created, and make it impossible to maintain fair prices. 16. To exercise great care in quoting prices on work to ascertain all the condimade by another. To take great care that our competition does not merely set a lower price at which our competitor will continue doing the work, to the detriment of the entire Industry. To remember that if we seem to suffer from unfair competition we should seek relief through conference and discussion, rather than by further unfair reprisals, which always injure both parties. x ko ON PRICES AND ESTIMATES ‘23. To have a real knowledge of what our work costs, based on careful and systematic records. To determine on a reasonable profit and then apply our price with fairness to ourselves on contract work and to our customer on open work, 24. When estimating, we are entitled to know all who are requested to quote. When quotations are in, we should know all prices and those making them. Check our customers’ statements by open discussions with our competitors. We may thereby learn some very surprising things regarding the tactics of buyers who may be posing as our friends.
25. The buyer who shows or pretends to show us the quoted prices of others to induce a lower figure from us, is practicing the same tricks all along the line. He sincerely “wishes” to give us the job, “if we will do it at a lower price than anyone else.” (Comm. Ex. 518.) .
Par. 4. Respondent International has appointed from time to time a committee known as a Scale Committee, for the purpose of determining costs of operations in the industry as a basis for the preparation of standard prices or values of electrotypes, stereotypes, and matrices. The duty of the Scale Committee has been to prepare the various stand-' ard scales adopted and issued by respondent International, and from time to time this has been done. ;
In 1932 respondent International published a standard scale for electrotypers. This scale, known as the “Gray Scale,” was generally used by respondent electrotypers in the pricing of electrotypes until about May 1, 1937. Such scale contained a chart which was used for the purpose of measuring the size of electrotypes to be made. By measuring an electrotype on said chart, a key number was determined. Reference to this key number on the dollar and cent schedule of values. shown in the scale gave the price applicable to a particular electrotype. Such scale also listed a table of quantity discounts applicable to duplicate plates made from a single form or cut of 55 square inches or less, such discounts being as follows: 10 or more, 4%; 25 or more, 6%; 50 or more 8%; 100 or more, 10%. Said scale also Findings 49 F.T.C contained a number of so-called trade customs, among which was the provision for the imposition of a minimum charge of 60 cents for any order.
On October 7, 1936, at a meeting of respondent International in Dallas, Texas, the Scale Committee reported that the entire country “is selling from the International scale.” Reference was made to two firms, however, that had issued a scale of their own which, in some instances, was considered lower than the International scale. Meetings were supposed to be held with these two firms to see if changes could be made so as to make the price more uniform. On October 8, 1936, there was a further discussion of the advertising scales issued by these two national firms. These firms were reportedly censured for their action, and a committee was appointed to confer with them. In the Spring of 1937 respondent International issued a bulletin, effective April 1, 1937, in which it set forth a new and revised scale for advertising and dealer electrotypes to supersede a “Supplement A” scale which had been in effect. This notice contained the following explanation: _ A new and revised scale for Advertising and Dealer Electrotypes will become effective on April 1, 1937, and our present Supplement A Scale will be discontinued on that date. So please be governed accordingly. * Eg * -The prices in the scale, established and printed by the Special Ad Group Manufacturers, (which are net), have been doubled in our new revised Supplement A. Scale which seems a more desirable plan than adopting the Net Scale of Prices used by the group mentioned. :
This plan will permit our members who are now obtaining better prices to maintain them and our new scale can be discounted to meet circumstances. <A discount of 50% indicates the values now existing in the New Price List used by the Special Ad Group Manufacturers. ; ;
Our new scales are now being printed and will be ready for distribution by the time this letter reaches you. (Comm. Ex. 10.) On March 15, 1937, respondent International issued another bulletin entitled “New Scales to be Adopted,” which reads as follows: Members of the International Association of Electrotypers & Stereotypers, consisting of the Executive Board, Cost and Scale Committee and District Representatives, were in conference at the Stevens Hotel, in Chicago, Illinois, _on March 12, 1987 in regard to the emergency confronting our industry. Increasing costs of raw materials, labor, taxes and the Social Security Act are becoming serious financial problems in mounting production cost. Our industry cannot continue to absorb this expense without passing it on to the customer. Therefore, prices must be raised and very soon. At the meeting above mentioned a Special Committee, after lengthy conference, recommended that the Standard Scale of Electrotypes be revised by using a base of six cents (now .05189) and a carrying charge of eighty cents (now 744). This base Value to apply to type and line cuts—unmounted—wax mould— INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 401 366 Findings copper. Values for other classifications to be determined by adding the same percent of increases as used in our present scale. (See page 12—Electrotypers Bulletin—March, 1987.) “ Many plans and proposals were discussed and considered but the recommendation outlined above was finally adopted, and that the scale be printed in sheet form. The matter was then referred to the Executive Board, who assembled immediately after the group meeting, and accepted the report of the Special Committee. The proposed new scale will he prepared in sheet form to present at the Spring Conference for final adoption by the members. - Therefore, all employing electrotypers and stereotypers are hereby notified that the Spring Conference to be held at the Traymore Hotel, Atlantic City, N. J. on April 16, 17, 1937, will be a special meeting to adopt a new Standard Scale for Electrotypers, a new Standard Seale for Stereotypers and Matrices, and a new Scale for Multigraph Plates. (Comm. Ex. 11.) On April 22, 1937, respondent International issued the following bulletin:
INTERNATIONAL ASSOCIATION OF ELECTROTYPERS & STEREO- TYPERS, 950 Leader Bldg.
OFFICIAL BULLETIN New Standard Scale of Electrotypes Effective May 1, 1937 Please consider this an official notice that a new Standard Scale of Electrotypes for the entire industry will become effective Mary 1, 1937. At the Spring Conference of the International Association of Electrotypers & Stereotypers (to which all members of the industry were invited) held at Atlantic City, N. J., there was adopted on April 17, 1937 a new and revised Standard Seale of Electrotrpes.
This action became imperative because increasing production costs compel the industry to obtain better prices for its products. The situation had previously been carefully studied and reviewed at conferences by and between the members of the Cost and Scale Committee, Executive Board and Local Associations, and their recommendations were considered in compiling the revised values and trade customs. The new scale is compiled with a basis of six cents ($.06) and a carrying charge of eighty cents ($.80). This base value to apply to type and line cuts— unmounted—wax mold—copper. Values for other classifications were determined by adding the same percents of increase as used in our previous scale. ‘The scales will he printed in single sheet form. One side will contain the area chart and trade customs and the other side the compilations and basis for determining values for each classification of work. We had expected to send a sample scale with this notice, but as copies are not yet available it seemed advisable to send this notice without further delay to give you an opportunity to place your order before the effective date. An order blank is herewith enclosed to permit you to order whatever quantity you may require at the nominal cost of six cents ($.06) each. This price includes the cost of delivery but does not include imprinting the member’s name. These scales will no doubt be in readiness by the time this notice reaches you and if you will kindly fill in the enclosed order blank and forward it to us with your remittance we will promptly supply your needs. (Comm. Ex. 12.) Findings 49 F.T.C.
The standard scale issued by respondent International, as indicated above, was known as the “1937 Scale.” 'The values or prices appearing in said scale, which were from 10 percent to 15 percent higher than the values in the so-called “Gray Scale,” represented the average cost of production, plus a profit, of about 78 electrotype and stereotype plants. Said 1937 Scale, similar to the Gray Scale, showed quantity discounts to be allowed and the minimum charge. A list of trade customs and instructions on how to use the scale to compute a price were also included. The 1937 Scale remained in effect until November 1, 1941. ss, On January 15, 1941, the then president of respondent International, C. A. Mawicke, in a report to the Executive Board stated : There is some agitation throughout the country for a new selling scale. Personally, I think that a new scale designed along the lines of the Photo-Engravers’ Scale could be produced and thus enable those of our members who are stouthearted and smart enough a chance.to pick up a few more cents per plate to offset some of the losses. I think a definite recommendation one way or another is in order here this morning. (Comm. Ex. 528-F.) At a meeting of the Executive Board of respondent International held in Cleveland, Ohio, on April 25, 1941, the ratio scale came in for considerable discussion, with the result that a scale committee was appointed to investigate and recommend a new ratio scale. Ata meeting of the Executive Board held in Chicago, Illinois, on September 16, 1941, it was voted to recommend the adoption of the ratio type of scale by the industry.
Respondent International, at its 44th Annual Convention, in Chicago, on September 17-19, 1941, formally adopted the scale recommended by the Executive Board and the Scale Committee. This scale, which was referred to as the “Ratio Unit Value Scale,” differed from those previously used in that the values were not shown in dollars and cents and it was therefore necessary that a multiplier be used in conjunction with the figures appearing in the scale. Respondent International sent a letter dated October 31, 1941, to all members of the electrotyping and stereotyping industry, enclosing a copy of the new scale and explaining how to use it. Following are excerpts from that letter:
Enclosed herewith is a copy of the Ratio Unit Value Scale adopted by the 44th Annual Convention.
Perhaps the question that comes to mind now will be what’s my individual Unit Selling Rate? Example: You are now selling 1937, Standard Scale at a 10% discount, your rising costs over the past few years prove that you must get a 10% increase in selling price. If that is true, here is how you arrive at your Unit Selling Rate. INTER'L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 403 366 Findings Use key 16, Standard Scale, Col. A, which is $1.76. You now sell at 10% off, your net price $1.58; you must have a 10% increase which will bring your net price to $1.74. Divide $1.74 by 60 which is the ratio figure for key 16, Col. A, and you will get a Unit Selling Value of .029. The same method of figuring can be used to ascertain your unit value no matter what discount is being given and what is required to obtain a fair value for your product.
Another example: Key 16, Col. A, being sold at 20% off, net price $1.41; increase of 10% gives a net selling price of $1.55. Divide $1.55 by 60 and the Unit | Selling Value will be .0258. It will be found desirable to confine the Unit Selling Rate to 3 figures so in this instance you would use .026, which you will note brings the net price to $1.56 only one cent differential. (Comm. Ex. 519-A.) Par. 5. Respondent New England Electrotypers Association, hereinafter sometimes referred to as respondent New England, is a nonstock corporation organized and existing under the laws of the State of Massachusetts, with its principal office having been located at 29 Worthington Street, Springfield, Massachusetts, Respondent Edwin M. Chamberlin (named in the complaint as Dr. Edward H. Chamberlain) was Secretary of respondent New England from about 1934 to on or about September 1, 1948.
The membership of respondent New England is composed of individuals, partnerships, and corporations located in various parts of the New England States and which are engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. The names and addresses of the members of respondent New England who are included as respondents herein are:
Back Bay Electrotype & Engraving Co., 172 Columbus Avenue, Boston, Mass.
Barnum-Hayward Electrotype Co., Inc., 116 Olive Street, ;
New Haven, Conn.
Bickford Engraving & Electrotype Co., 20 Mathewson Street, Providence, R. I.
Electrotype Service Corp., 638 Portland Street, Worcester, Mass.
Holyoke Electrotype Co., 23 Spring Street, Holyoke, Mass.
Home City Electrotype Works, Inc., 29 Worthington Street, Springfield, Mass.
New England Electrotype Co., 470 Atlantic Avenue, Boston, Mass.
Royal Electrotype Co. of New England, 592 Newberry Street, Boston, Mass.
Shea & Manton Co., 40 Lincoln Street, Boston, Mass.
Walter J. Meserve, Inc., 105 Middle Street, Portland, Maine.
Respondent New England was organized for the purposes, among cthers, of fostering, encouraging, and developing cooperative activity among its members; to do every and all legal things to assist in the elimination of unfair methods of competition and trade abuses in the industry in which its members are engaged, and in furtherance of thig 404. FEDERAL TRADE COMMISSION DECISIONS Findings 49 FT. 6, objective, to collect and disseminate information relating in any way to the purpose of said Association which will be of advantage to its members. Other purposes for the organization of said respondent New England were to secure uniform and united action in the common interest and to develop more ethical relations among its members through collective and cooperative effort. Respondent New England has held meetings of its members from time to time since 1933. At these meetings various problems relating to the business of the members, such as wages, hours, prices, and discounts, were discussed. Respondent New England recommended te its members that certain designated discounts be granted to their customers. In the event any discount greater than those recommended was allowed, such information, together with the name and address of each customer receiving such excessive discount, was obtained by respondent New England and placed in its files for use in connection with any requests by the members for such information. Said respondent also made and adopted recommendations in the form of booklets issued in 1937 and 1941 entitled “Recommended Trade Practices.” These booklets contained recommended discounts for different classes of work which had been theretofore adopted by respondent New England, as hereinafter set. forth, and also quantity discounts and minimum charges to be observed in the sale of electrotypes and stereotypes.
The members of respondent New England adopted and used in connection with the pricing of their products the standard scale of electrotypes issued by respondent International and referred to herein as the “Gray Scale.” Copies of an abbreviated form of this scale were printed at the instance of respondent New England and distributed toitsmembers. The prices shown on the abbreviated form were identical with those appearing in the Gray Scale. In June 1935 respondent New England recommended, and its members unanimously adopted, a uniform discount of 20 percent to be applied in connection with prices appearing in the Gray Scale. It was also recommended and adopted at the same time that the classified discounts previously agreed upon remain in effect. On or about September 10, 1941, respondent New England, at a regularly scheduled monthly meeting, recommended that its members adopt a basic discount of 10 percent instead of the then prevailing 20 percent, and such recommendation was agreed upon and adopted by the members of respondent New England. The new discount of 10 percent became effective October 1, 1941. The members of respondent New England recommended and agreed to establish, and did establish, charges, prices, and discounts for the INTER'L ASSN, OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 405 366 Findings sale of electrotypes, stereotypes, and matrices. Information relating to prices was exchanged from time to time between respondent New England and other local associations of electrotypers and stereotypers, such as respondent Electrotypers and Stereotypers Association of New York, Inc.
Respondent New England was represented as a local association of electrotypers and stereotypers on the Executive Board of respondent International. In or about 1987 or 1938, respondent New England agreed among its members to collect dues from its members for the _ benefit of respondent International and at times to guarantee the payment. of such dues to said respondent International. During the period in which said arrangement as to dues was in effect, all members of respondent New England were also members of respondent International. It was recommended by the membership of respondent New England that its representative on the Executive Board of respondent International should recommend to the said respondent International at a cost committee meeting to be held in Chicago on November 18, 1938, that the suggested prices for carton plates, book work, and dealer cuts agreed upon by the members of respondent New England should be recommended to respondent International for adoption. Par. 6. Respondent Chicago Employing Electrotypers Association, hereinafter sometimes referred to as respondent Chicago Electrotypers, is a voluntary, unincorporated trade association organized and existing under the laws of the State of Illinois, with its principal oftice and place of business located at 176 West Adams Street, Chicago, Illinois. Respondent T. J. Ramsay is and has been for many years Secretary of respondent Chicago Electrotypers, as well as of respondent Chicago Stereotypers, and in such capacity he has actively participated in various of the activities described herein. The membership of respondent Chicago Electrotypers is composed of individuals, partnerships, and corporations located in Chicago and vicinity and engaged in the manufacture, sale, and distribution of electrotypes and matrices. The names and addresses of the members of respondent Chicago Electrotypers who are included as respondents herein are:
A. B. C. Blectrotype Co., Blomgren Bros. & Co., 522 South Clinton Street, : 626 Federal Street, Chicago, Il. Chicago, Il.
Ace Electrotype Co., Central Typesetting & Electrotyping Co., 426 South Clinton Street, 4600 Diversey Avenue, Chicago, Tl. Chicago, ILL.
Acne Blectrotype Co., Consolidated Electrotypers, Inc., 712 Federal Street, 732 Federal Street, Chicago, Ill. Chicago, Il.
Findings 49 F,T.C.
Globe Engraving & Electrotype Co., 711 South Dearborn Street, Chicago, Ill.
Illinois Electrotype Co., 501 South Jefferson Street, Chicago, Tl.
Lake Shore Electrotype Co., 418 South Market Street, Chicago, Ill.
Lead Mould Electrotype Co. (named in the complaint as Lead Mold Plectro National Electrotype Co., 626 Federal Street, Chicago, Ill.
Partridge & Anderson Co., 712 Federal Street, Chicago, IIL.
Pontiac Engraving & Electrotype Co., 812 West Van Buren Street, Chicago, Ill.
F. J. Ringler & Co., 732 Federal Street, Chicago, Ill.
Co.), - Schroeder Brothers Co., 3803 North Racine Avenue, 120 West Polk Street, - Chicago, Il. Chicago, Ill.
Union Eléctrotype Co., Arthur W. McGrath and Evelyn 601 South Jefferson Street, McGrath, partners trading as Cen- Chicago, Il. tury Electrotype Co., United Electrotype & Stereotype Co., 160 East Illinois Street, 426 South Clinton Street, Chicago, Il. Chicago, Ill.
The objectives sought by the organization of respondent Chicago Electrotypers were to accomplish a complete and efficient organization for cooperation among all electrotypers in the city of Chicago and vicinity and to inculcate a thorough knowledge of manufacturing costs and to do all things which would directly or indirectly contribute to the welfare of the members of the industry. The constitution of said respondent Chicago Electrotypers provides that a Board of Governors consisting of five members shall be elected to govern the affairs of the Association and the executive officers of the Association are elected from the members of the Board of Governors. The Board of Governors appoints the secretary. It also appoints such committees as it deems necessary. Respondent Chicago Electrotypers usually meets monthly. The Board of Governors meets at the request of the president.
Among the activities of respondent Chicago Electrotypers have been the negotiation of labor contracts and securing the adoption by the members of estimating scales for the pricing of electrotypes. Said respondent has recommended to its members the use of respondent International’s cost system, which, however, was not adopted by the members.
Some of the members of respondent Chicago Electrotypers are also members of respondent International, and dues payable to the latter are collected from such members through the office of respondent Chicago Electrotypers and paid to respondent International. Respondent Chicago Electrotypers acts as a regional organization of INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 407 366 Findings respondent International and is represented on the Executive Board of respondent International. The representative of respondent Chicago Electrotypers on the Board of respondent International reports to the members of respondent Chicago Electrotypers concerning the activities of respondent International and the results of meetings of the Executive Board of respondent International. Respondent Chicago Electrotypers has from time to time appointed from its membership various committees for the purpose of making studies or surveys of costs and prices and of other manufacturing and marketing problems, and such committees have made reports and recommendations to the membership. Members of respondent Chicago Electrotypers have agreed from time to time upon prices, terms, discounts, and trade customs applicable to the sale and distribution of electrotypes.
Members of respondent Chicago Electrotypers have discussed with each other, and with other local and regional groups or associations of electrotypers, matters concerning the sale and distribution of electrotypes which subsequently became the subject of discussion at conferences and meetings of respondent International. Information relating to prices was exchanged from time to time between respondent Chicago Electrotypers and other local or regional associations or groups of electrotypers.
The Board of Governors of respondent Chicago Electrotypers, at a meeting held on May 3, 1987, recommended, and the membership on May 4, 1987, adopted, the new standard scale of electrotypes published by respondent International May 1, 1987, to be made effective to the trade of Chicago and vicinity May 17, 1987. The said 1987 Scale was adopted and used by the membership of respondent Chicago Electrotypers and copies thereof were sold to its members. This scale was superseded by a standard scale issued by respondent Chicago Electrotypers effective July 1, 1941, which reflected an increase in prices of approximately 10 percent. The 1941 scale was in turn superseded by a scale issued by respondent Chicago Electro. typers effective May 1, 1948, which reflected an increase over the prices in the 1941 scale of approximately 10 percent. The Ratio Unit Value Scale issued by respondent International on or about November 1, 1941, | was not immediately approved by respondent Chicago Electrotypers but subsequently the membership of said respondent did approve and did adopt and use such Ratio Unit Value Scale for pricing purposes. The membership of respondent Chicago Electrotypers authorized the printing of a ratio unit value scale for electrotypes and such scale was printed and sold to the members of respondent Chicago Electrotypers. The figures appearing in the ratio unit value scale issued by Findings 49F.T.C, respondent Chicago Electrotypers were the same as those shown in the ratio unit value scale issued by respondent International. Respondent Chicago Electrotypers issued an electrotype and stereotype scale of prices applicable to book work, which scale was referred to as “Supplement D.” This scale was used generally from 1935 until July 1, 1941, when a new Supplement D scale of rates for electrotypes for book work was issued. Such new rates or prices represented an increase of approximately 10 percent over the previous scale of prices. In 1943 said respondent issued another scale of electrotype prices for book work entitled “Supplement D,” effective May 1, 1948, which reflected an increase of about 10 percent over the prices in the preceding scale.
A standard scale for advertising and dealer cut electrotypes, referred to as “Supplement A,” was issued by respondent International effective as of November 1, 1938. Copies of this scale were sold by respondent Chicago Electrotypers to its members. A similar scale, entitled “Supplement A Standard Electrotype Scale for Advertising and Dealer Cuts,” was issued by respondent Chicago Electrotypers effective August 1, 1941.. The prices shown in the 1941 scale exceeded by 10 percent those appearing in the November 1, 1938 scale published by respondent International. On July 15, 1941, the membership of respondent Chicago Electrotypers agreed to accept the recommendations of said respondent’s cost committee, which were to the effect that the figures shown on the Supplement A Ad Plate and Dealer Cut Scale issued by respondent International be increased 10 percent and the effective date for such increase was agreed upon as of August 1, 1941. Respondent Chicago Electrotypers issued another Supplement A Standard Electrotype Scale for Advertising and Dealer Cuts, with an effective date of May 1, 1943, which reflected an increase of approximately 20 percent over the prices appearing in the 1938 scale. Respondent Chicago Electrotypers sold copies of the various standard scales published by respondent International and those issued under its own name to its membership and to anyone else in the industry who desired to use such scales.
Par. 7. Respondent Chicago Employing Stereotypers Association, sometimes hereinafter referred to as respondent Chicago Stereotypers, is a voluntary unincorporated trade association organized in the year 1930, with its principal office and place of business located at-176 West Adams Street, Chicago, Illinois. Respondent T. J. Ramsay, Secretary of respondent Chicago Electrotypers, is also Secretary of Chicago Stereotypers. The membership of respondent Chicago Stereotypers is composed of individuals, partnerships, and corporations located in Chicago and vicinity and engaged in the manufacture, sale, and dis- INTER’L ASSN, OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 409 366 Findings tribution of stereotypes and matrices. The names and addresses of the members of respondent Chicago Stereotypers who are included as respondents herein are:
Central Typesetting & Electrotyping Arthur W. McGrath and Evelyn Mc- Co., Grath, partners trading as Century 4600 Diversey Avenue, Electrotype Co., Chicago, Il. 160 East Illinois Street, Chicago Electrotype & Stereotype Co. Chicago, Ill. . 350 East Cermak Road, George R. Olson, trading as Advancé Chicago, I]]. Printing Plate Co., Graphic Arts Electrotype & Matrix Co. 727 South Dearborn Street, (a division of American Typesetting Chicago, Ill. Corp.), Partridge & Anderson Co., 547 South Clark Street, 712 Federal Street, Chicago, Ill. Chicago, Il.
Lake Shore Electrotype Co., Progressive Matrix Co., 418 South Market Street, 517 South Jefferson Street, Chicago, Ill. Chicago, Il.
Respondent Chicago Stereotypers was organized for the purposes, among others, of eliminating trade evils, of hearing the grievances of the members and applying proper remedies thereto, and of fostering fellowship and brotherhood among all stereotypers in Chicago and vicinity. Some of the objectives sought by the organization of said respondent were to accomplish complete and efficient organization and cooperation among all engaged in the job stereotyping industry in Chicago and vicinity; to elevate the standards and promote the interests of the entire industry and those engaged in it; to improve and regulate trade matters pertaining to the welfare of its members; to inculcate a thorough knowledge of manufacturing costs; and in general to do all things which would directly or indirectly contribute » to the peace, prosperity, and welfare of the industry as a whole and of all engaged in it.
Respondent Chicago Stereotypers is governed by its membership, and regular meetings are held monthly, with special meetings being called from time to time at the request of the President of the Association. In addition, said Association meets once annually, at which time officers are chosen. At such meetings, various problems concerning the business of the members, such as wages, hours, prices, and discounts, were discussed.
Respondent Chicago Stereotypers was represented from time to time at various meetings of respondent International, and reports of such meetings were mace to the membership of respondent Chicago Stereotypers.
Respondent Chicago Stereotypers has from time to time appointed from its membership various committees for the purpose of making Findings 49 F, T.C.
studies of costs and prices and of other manufacturing and marketing problems, and of making reports and recommendations thereon to the membership. Among the activities of respondent Chicago Stereotypers has been the securing of the adoption by the membership of scales for the pricing of stereotypes and matrices. Said respondent has from time to time among its membership agreed upon prices, ' terms, discounts, and trade customs applicable to the sale and distribution of stereotypes and matrices.
The membership of respondent Chicago Stereotypers has adopted and used in connection with the pricing of stereotypes and matrices the various standard scales of prices published by the respondent International and the membership of said respondent Chicago Stereotypers has agreed with respondent International to adopt such standard scales for the pricing of stereotypes and matrices. Par. 8. Respondent Electrotypers and Stereotypers Association of New York, Inc., hereinafter sometimes referred to as respondent New York City, is a non-stock corporation organized and existing under the laws of the State of New York, with its principal office located at 110 East 42nd Street, New York, New York. Respondent Peter F. Regan, Jr., is, and has been since 1934, Managing Director of respondent New York City, and in that capacity he has actively participated in various of the activities described herein. The membership of respondent New York City is composed of individuals, partnerships, and corporations located in the city of New York and vicinity, including nearby points in New Jersey and Connecticut, which are engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. The membership of respondent New York City is divided into two classes, namely, “active” and “associate,” the principal difference being that the associate members do not produce for resale but use their products themselves. The names and addresses of the members of respondent New York City who are included as respondents herein are: Atlantic Electrotype & Stereotype Co., The Cresset Co., (division of respondent The Rapid 110 Greenwich Street, Electrotype Co., Cincinnati), New York, N. Y. 228 East 45th Street, The Thomas H. Crosley Co., New York, N. Y. 17 Rose Street, New York, N. Y.
Edwin Flower, Inc., 216 William Street, J.T. Buntin, Ini., 228 East 45th Street, New York, N. ¥. New York, N. Y. .
Central Electrotype Foundry Co., Inc, Flower Steel Electrotype Co., 71 Warren Street, 461 Eighth Avenue, Newark, N. J. New York, N. Y.
Hi INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 411 366 Findings Galvanic Printing Plate & Matrix Co., New York Electrotyping Co., Inc, Inc., 811 West 43d Street, , 9 Barrow Street, New York, N. Y.
New York, N. Y. Norman-Dohm-O’Flaherty Co., Inc., Giliams & Rubin, Inc., 228 East 45th Street, 225 West 39th Street, New York, N. Y. :
New York, N. Y. Nu-Method Matrix & Plate Co., Inc., Globe Electrotype Corp. (named in the 239 West 39th Street, complaint as Globe-Saam Electrotype 1 New York, N. Y. Corp.), Reilly Electrotype Co., 240 West 40th Street, 805 East 45th Street, New York, N. Y. New York, N. Y.
Higwill Matrix Co., Inc, F, A. Ringler Co., 240 West 40th Street, 40 Park Place, New York, N. Y. New York, N. Y.
Kingsboro Electrotype Corp., Stoddart-Bell Electrotype Co., Ine. 300 Adams Street, (named in the complaint as Stod- New York, N. Y. dardt-Bell Electrotype Co. )s Knickerbocker Electrotype Co., 175 Varick Street, 424 West 33d Street, New York, N. Y.
New York, N. Y. Super Quality Co., Inc., Metro Matrix & Reproduction Co., Inec., 318 East 23d Street, 80 Madison Avenue, New York, N. Y.
New York, N. Y. Jacob Weinstein, trading as The Sher- A. E. Munyer Electrotype Co., Inc., wen Co., 27 Sixth Avenue, | 40 West 27th Street, Brooklyn, N. Y. New York, N. Y.
Respondent New York City was organized in 1886 for the purposes, among others, of eliminating trade evils, of hearing the members’ grievances and applying the proper remedies thereto, and fostering fellowship and brotherhood and promoting the welfare of the members of the industry located in New York City and vicinity. Some of the objectives sought by said respondent were to handle labor disputes, to regulate all trade matters pertaining to the members’ welfare, to endeavor to reconcile all differences of opinion, to devise economical methods for the purchase of necessary supplies, and to provide rules for standard practice and a code of ethics to be of real help to the membership and others with whom they do business. The Constitution and by-laws and code of ethics of said respondent have not been revised since June 13, 1934. The code of ethics provides, among other things, for the following:
Section 1. The spirit of courtesy, fair dealing and cooperation shall govern all intercourse between members of this Association. * * Sec. 4. No member shall publish or issue for general circulation a schedule of prices without first submitting same to the Board of Managers whose jurisdiction covers such work and receiving the approval of that body. x 2 & Findings 49 F.T.C.
SEc. 7. Members shall co-operate with the Association and its cost finding department,.to the end that an appropriate system of cost finding methods, covering all of the operations involved in the work of the members, may be adopted and minimum costs for the various operations involved in the work may be fully ascertained. (Comm. Ex. 806.) Respondent New York City is managed and governed by a Board of Managers consisting of the officers of said respondent and three executive members, all of whom are elected by and from the general active membership. In addition, said respondent has what. it calls a “Managing Director” who has directed much of the Association’s activities and operations. About 95 percent of all matters of policy were presented to and decided by the membership rather than by the Board of Managers. Said respondent holds an annual meeting at which officers are chosen and also meets at. various other times throughout the year, with minutes of the activities of such meetings being recorded and maintained.
Various committees have been appointed from time to time by the President of said respondent, with the approval of the Board of Managers. Among such committees are those relating to the cost of operations and the | preparation of scales of prices. Many of the active members of respondent New York City are also members of respondent International and the dues for membership in the latter Association are paid by respondent New York City. In about 1937, and for some time subsequent thereto, all active members of respondent New York City were also members of respondent International, and dues to respondent International were paid by respondent New York City. In addition to paying the dues of its members, respondent New York City also paid the transportation costs of representatives of its membership attending conferences and meetings of respondent International. AJ] active members, including those who have joined respondent New York City since 1937 and who are paying enough dues to justify, are members of respondent International and have their dues paid by respondent New York City. Respondent New York City is represented on the Executive Board of respondent International by the former’s President or by such other person as is chosen by the members. Such representative reports to the membership of respondent New York City on the activities of respondent International and on the results of meetings of the Executive Board of respondent International.
The membership of respondent New York City has adopted from time to time various standard scales for pricing electrotypes, stereotypes, and matrices. Copies of such scales are and have been made available by respondent New York City to buyers of such products. INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 413 366 Findings Said respondent has also gathered cost data and prepared scales of prices, using as a basis for such scales the figures established by respondent International. Respondent New York City has had such scales printed and furnished copies thereof to its membership and to others.
The Standard Ratio Unit Value Scale adopted and published by respondent International bearing an effective date of November 1, 1941, was adopted and made effective on the same day by the members of respondent New York City, and copies were distributed to the trade. Considerable discussion was had among the members of respondent New York City concerning the change in scale prior to the adoption of the Ratio Scale. .
On May 20, 1948, respondent New York City sent an announcement to the trade that a new electrotype scale was to. become effective on June 1, 1948, based upon unit values adopted by respondent International. On May 16, 1947, respondent New York City notified its members of a new stereotype and matrix ratio unit value scale to become effective June 1, 1947, and copies of such scale were made available through the office of respondent New York City. Respondent New York City has agreed among its membership upon prices, discounts, and trade customs in connection with the sale of electrotypes, stereotypes, and matrices. _ Respondent New York City has from time to time discussed with other groups and associations of electrotypers and stereotypers the consideration and adoption of standard scales published by respondent International and has otherwise cooperated with other local or regional associations named as respondents herein and with respondent International in stabilizing the market for electrotypes, stereotypes, and matrices.
Par. 9, Respondent New York State Electrotypers Association, hereinafter sometimes referred to as respondent New York State, is a voluntary unincorporated association organized in or about 1915 under the laws of the State of New York. Said respondent maintains no regular office other than the place of business of its Secretary-Treasurer, who, on September 21, 1948, was Melvin A. Kelley, Manager of S. J. Kelley Engraving Company, 19 Chenango Street, Binghamton, New York. The membership of respondent New York State is composed of individuals, partnerships, and corporations engaged in the manufacture, sale, and distributions of electrotypes, stereotypes, and matrices. The names and addresses of the members of respondent New York State who are included as respondents herein are:
2601338—55 30 Findings 49 F. T.C, Central City Electrotype Co., Inc., Rochester Electrotype & Engraving Co., 107 North Franklin Street, Inc., 170 North Water Street, Rochester, N. ¥.
Syracuse Electrotype Corp., S. J. Kelley and Estate of Fred ©. Kel- 148 Gifford Street, . Syracuse, N. Y.
ley, partners trading as 8S. J. Kelle i yP . § y Theodore C. Walters, trading as Wal- Engraving Co., :
ters Electrotype Co., 19 Chenango Sireet, 10 Devereux Street, Binghampton, N. Y. Utica, N. Y.
Respondent New York State has held meetings of its members from time to time at the request of its President. The membership of said respondent has also at times met with other regional or local respondent associations. The members of respondent New York State do Syracuse, N. Y.
not pay regular dues but are assessed for the actual expenses of the association.
Respondent New York State represented by its President on the Executive Board of respondent International and such representative makes reports on the activities of respondent International to the membership of respondent New York State. Respondent New York State also reports its activities to respondent International. The membership of respondent New York State has used the various standard scales for pricing purposes. Said respondent adopted for use by its membership in the pricing of their products the ratio scale published by respondent International effective November 1, 1941.. Prior to the adoption and use of said ratio scale, the members of respondent New York State had adopted and used the so-called Gray Standard Scale for pricing purposes, with a 15 percent discount being generally allowed. Upon the adoption of the ratio scale late in 1941, the multiplier .028 with a 15 percent discount was generally adopted by the membership and was continued in use in pricing electrotypes for several years. The aforesaid multiplier was increased -from time to time by the members of respondent New York State. Par. 10. Respondent Ohio State Association of Electrotypers and Stereotypers, hereinafter sometimes referred to as respondent Ohio State, is a voluntary unincorporated association. Said respondent maintains no regular office other than the place of business of its Secretary-Treasurer, who, on June 28, 1948, was John Weiand, Vice-President of respondent The Akron Electrotype & Stereotype Co., 414 Water Street, Akron, Ohio. The membership of said respondent is composed of individuals, partnerships, and corporations engaged in the manufacture, sale, and distribution of electrotypes, INTER'L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 415 366 Findings stereotypes, and matrices. The names and addresses of the members of respondent Ohio State who are included as respondents herein are: The Ace Electrotype Co., The Central Electrotype Co., 1501 Superior Avenue, 1760 East 22d Street, Cleveland, Ohio. Cleveland, Ohio.
The Akron Electrotype & Stereotype Co., 414 Water Street, Akron, Ohio.
The American Electrotype Co., The Dayton Electrotype Co., 320 West Fifth Street, Dayton, Ohio.
2182 East Ninth Street, The Quality Engraving & Electrotype Cleveland, Ohio. Co., The Art Electrotype Co., 436 Commercial Square, 1104 Prospect Avenue, Cincinnati, Ohio.
Cleveland, Ohio.
The Arteraft Electrotrpe Co., _ Service Electrotype Co., 704 Union Street, 108 Ferry Street, Ashland, Ohio. Pittsburgh, Pa.
Atlas Electrotype Corp., Standard Hlectrotype Co., Factories Building, 704 Second Avenue, 12th and Woodruff Street, Dittsburgh, Pa. Toledo, Ohio.
Canton Engraving & Electrotype Co., Van Bolt-Kreber Electrotype Co., 400 Third Street SE., 145 North Grant Avenue, Canton, Ohio. ; Columbus, Ohio.
Respondent Ohio State holds meetings of its membership from time to time. The members are assessed to provide for expenses, with dues varying from $10 to $50 yearly. The Executive Secretary of respondent International has attended some of the meetings of respondent Ohio State, two of such meetings occurring early in 1941. Respondent Ohio State has been represented, from among its membership, on the Executive Board of respondent International. The membership of respondent Ohio State was represented at the ineeting of the Executive Board of respondent International held on September 16, 1941, when it was agreed that the Standard Ratio Unit Value Scale be recommended for adoption by the industry. Subsequently, members of respondent Ohio State began to use the said Standard Ratio Scale published by respondent International in the pricing of their products.
Respondent Ohio State held a meeting of its membership on November 26, 1941, at which it was agreed to invite several other regional or local respondent associations of electrotypers and stereotypers to a meeting to be held in Cleveland on December 11, 1941, for the purpose of discussing many items of mutual interest, the principal item being the ratio scale adopted by the industry at the Chicago Convention. Par. 7. Respondent Wisconsin Employing Electrotypers Association, hereinafter sometimes referred to as respondent Wisconsin, is a ree:
Findings 49 F. T.C.
voluntary unincorporated association. The principal office of respondent Wisconsin is the office of its Secretary, who, on May 6, 1948, was Clifford W. Remington, Vice-President of respondent Milwaukee Electrotype Company, 1127 North 7th Street, Milwaukee, Wisconsin. The membership of said respondent is composed of individuals, partnerships, and corporations engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. The names and addresses of the members of respondent Wisconsin who are included as respondents herein are:
Badger-American Electrotype Co., The Milwaukee Electrotype Co., 407 East Michigan Street, 1127 North 7th Street, Milwaukee, Wis. Milwaukee, Wis.
Gether Electrotype Co., Service Electrotype Co.., 1423 North 5th Street, 733 North Van Buren Street, Milwaukee, Wis. Milwaukee, Wis.
The members of respondent Wisconsin are also members of respondent International and are represented on the Executive Board of said respondent International. The membership of respondent Wisconsin Association has held meetings from time to time, at which joint labor contracts and prices and discounts on their products were discussed. In August 1941 the Secretary of respondent Wisconsin Association wrote to the Managing Director of respondent New York City relative to a proposed new scale of electrotype prices, and expressed the opinion that there should be a general price increase and that the respondent International could easily help and should help to bring about such price increase. It was stated in such letter that the members of respondent Wisconsin “have had two local meetings on reducing dliscount on prices in the present scale.”
The members of respondent Wisconsin Association have used and do now use the scales of respondent International for pricing their products. The members adopted the ratio scale published by respondent International shortly after its effective date. In May 1948, all the members of respondent Wisconsin Association were using .04 as a multiplier for pricing commercial job electrotype work. Such scales are and have been advertised in respondent International’s publication “The Bulletin,” the copies of scales were obtained by the members of respondent Wisconsin Association from respondent International and supphed to their customers. .
Par. 12. Respondent Pacific Northwest Electrotypers and Stereotypers Association, hereinafter sometimes referred to as respondent Pacific, is an unincorporated association, with its principal office and place of business located at 1010 First Avenue, Seattle, Washington. INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 417 3866 Findings The names and addresses of the members of respondent Pacific who are included as respondents herein are:
Harold J. Bothel, trading as Tacoma Portland Electrotype & Stereotype Co., Electrotype Co., Inc., 15th and Commerce Streets, 718 West Burnside Street, Tacoma, Wash.
Oregon Engraving & Electrotype Co., 81 Northwest Ninth Avenue, .
Portland, Oreg.
Pacific Electrotype Co., Inc., Portland, Oreg.
Spokane Electrotype Co., 202 Maritime Building, East 30 Sprague Avenue, Seattle, Wash. Spokane, Wash.
The membership of respondent. Pacific formerly held meetings annually. However, no meetings have been held since about 1940, although there has been no official dissolution of the Association. At the meetings which were held, there were discussions of the standard scales, and resolutions covering this subject were adopted by the members. The members of said respondent Pacific used the same standard scales and granted the same discounts and did not compete price-wise with each other. The members of said respondent Pacific had an understanding among themselves that they would follow certain trade customs or practices recommended by respondent International and set forth on the various standard scales. The question of increasing prices through the adoption of the 1937 Scale issued by respondent International was discussed, and such scale was subsequently adopted by members of respondent. Pacific. There were also discussions among the members at meetings of respondent Association concerning terms and conditions of sale.
Respondent Pacific Association has not had a representative formally appointed to the Executive Board of respondent International, but a representative of one of its members attended at least one convention meeting of respondent International and reported the results thereof to the members of respondent: Pacific. Par. 13. Respondent Potomac District Association of Electrotypers and Stereotypers, sometimes hereinafter referred to as respondent Potomac District, is a voluntary unincorporated association, with its principal office located at the place of business of its Secre-. tary-Treasurer, Charles E. Murray, Vice-President of respondent Potomac Electrotype Company, Inc., 1508 Eckington Place, N. E., Washington, D. C. The membership of said respondent is composed of individuals, partnerships, and corporations engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. The names and addresses of the members of respondent Potomac District who are included as respondents herein are: Findings 49 F. TC.
American Electrotype Co., Inc., Metropolitan Engraving & Electrotype 1424 Florida Avenue N. E., Co., Inc., Washington, D. C. 1314 East Grace Street, Baltimore Electrotype Co., Inc., Richmond, Va. 418 East Pratt Street, Pennsylvania Electrotype Co., Iuc., Baltimore, Md. Pine Street and Boundary Avenue, H. D. Jordon, trading as Virginia Ster- York, Pa. eotype Service, Potomac Electrotype Co., Inc., 1383 East Franklin Street, 1508 Eckington Place.N. E., Richmond, Va. Washington, D. C.
Maple Press Co., Inc., Shane-Beever Co., 210 York Street, 227 North Holliday Street, York, Pa. Baltimore, Md.
Respondent Potomac District was organized during the NRA days. Meetings of the membership were held from time to time, and the Association was represented on the Executive Board of respondent International. Meetings of respondent International were attended by representatives of respondent Potomac District, and reports of such meetings were made to the membership of respondent Potomac District. Expenses incurred by representatives of Potomac District in attending meetings of respondent International were paid from dues received by respondent Potomac District from its members. Respondent Potomac District has cooperated with respondent International and has made reports to respondent International of its activities. The members of respondent Potomac District have discussed prices and the use of the standard scales published by respondent International, and have used such scales in the pricing of their products. Copies of the standard scales have been purchased from respondent International and furnished to customers of the members of respondent District on request.
The Baltimore members of respondent Potomac District agreed among themselves to increase prices. They adopted the ratio scale published by respondent International on or about January 1, 1942, and at the same time adopted .025 as a multiplier. In 1946 the Baltimore members of respondent Potomac District simultaneously increased the multiplier to .030, and again in 1947 they increased the multiplier to .035 at about the same time. The Washington, D. C., members of respondent Potomac District agreed to adopt, and did adopt, the ratio scale in either December 1941 or January 1942, and a multiplier of .026. The multiplier was increased by such members on or about the same day in 1946 to .039, and on or about the same day in 1947 the multiplier was again increased to .038.
Par. 14. Respondent Employing Electrotypers Association of St. Louis, hereinafter sometimes referred to as respondent St. Louis, is INTER’L ASSN, OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 419 366 Findings a voluntary unincorporated informal association, with its principal office located at the place of business of its Secretary-Treasurer, George F. Preisler, President of respondent Reinert-Preisler Electrotype Company, 914 Pine Street, St. Louis, Missouri. The membership of said respondent is composed of individuals, partnerships, and corporations engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. The names and addresses of the members of respondent St. Louis who are included as respondents herein are:
Progressive Electrotype Co., Service Electrotype Co., Inc., 125 South 11th Street, 2122 Pine Street, St. Louis, Mo. St. Louis, Mo.
Reinert-Preisler Electrotype Co., St. Louis Electrotype Foundry Co., 914 Pine Street, 125 South Sth Street, St. Louis, Mo. St. Louis, Mo.
Respondent St. Louis has held meetings at least once annually, at which negotiations for contracts with a labor union were conducted. The member firms. of said respondent also met at other times and discussed various marketing problems and prices and discounts. At one of such meetings, the members of respondent St. Louis met with the Executive Secretary of respondent International to discuss the subject of price cutting among the members. It was agreed that a 20 percent discount be allowed from the 1987 scale of prices for commercial job electrotype work.
The members of respondent St. Louis have used some of the standard scales published by respondent International in the pricing of their products. They did not, however, adopt the ratio scale issued by respondent International in 1941. In 1946 the members of respondent St. Louis were using identical scales of prices in the sale of electrotypes, such scales having been prepared by one member and adopted by each of the other members. Respondent St. Louis was represented from time to time at meetings of respondent International, and reports were made to respondent International of activities of the St. Louis group.
Par. 15. Respondent Employing Electrotypers and Stereotypers of Philadelphia, hereinafter sometimes referred to as respondent Philadelphia, is a voluntary unincorporated association, with its principal office located at the place of business of its Secretary- Treasurer, Joseph Schwartz, Executive Vice-President of respondent Westcott & Thomson, Inc., 1027 Arch Street, Philadelphia, Pennsylvania. Said respondent was organized in 1934 under the name of Employing Electrotypers and Stereotypers Trade Association of Pennsylvania and New Jersey. The objects or purposes of the organiza- Findings 49 F.T.C.
tion of said respondent were to promote the welfare of the electrotyping and stereotyping industry and to assist the members to follow the aims and principles of the N. R. A. Code of Fair Competition. Upon the termination of N. R. A., the respondent Philadelphia continued in existence. The membership of said respondent is composed of individuals, partnerships, and corporations engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. The names and addresses of the members of respondent Philadelphia who are included as respondents herein are: George S. Ferguson Co., Potomac Electrotype Co. of New Jersey, 15 North Seventh Street, 919 Walnut Street, Philadelphia, Pa. Philadelphia, Pa.
D. Edward McAllister, trading as Han- Royal Electrotype Co., son Co., and Progress Plate Making 1309 Noble Street, Co., Philadelphia, Pa.
Sheridan Building, Wescott & Thomson, Inc., 125 South Ninth Street, 1027 Arch Street, Philadelphia, Pa. Philadelphia, Pa.
The membership of respondent Philadelphia has held meetings from time to time. Said respondent was represented on the Executive Board of respondent International. The representative of respondent Philadelphia who attended meetings of the Executive Board of respondent International made reports at such meetings as to the activities of respondent Philadelphia and subsequently made reports to members of respondent Philadelphia as to the activities of respondent International.
The members of respondent Philadelphia agreed to use, and did use, the various standard scales published by respondent International in pricing their products. Respondent Philadelphia had scales printed for its members, with each member's name appearing on its scale. The members of respondent Philadelphia, on August 1, 1945, adopted a ratio scale which was the same as that published by respondent International on November 1, 1941. Said members used .084 as a multiplier until April 1, 1946, when the multiplier was increased to 039. On April 7, 1947, the multiplier was changed to .045, and between May 10 and May 17, 1948, it was again increased, to .049. In June 1941 the members of respondent Philadelphia reduced their discount on commercial job electrotyping work from 20 percent to 10 percent.
The membership of respondent Philadelphia has agreed with respondent. International to use the standard scales for pricing purposes and to cooperate in general toward the stabilization of prices. Par. 16. Respondent Detroit Electrotypers and Stereotypers Association, hereinafter sometimes referred to as respondent Detroit, is a INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 42] 366 Findings voluntary unincorporated association, with its principal office located at the place of business of its Secretary, Robert H. Kennedy, Treasurer of respondent Detroit Electrotype Company, 1959 East Jefferson Avenue, Detroit, Michigan. The membership of said respondent is composed of individuals, partnerships, and corporations engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. The names and addresses of the members of respondent Detroit who are included as respondents herein are The Bell Electrotyping Co., Michigan Electrotype & Stereotype Co., 508 West Congress Street, 95 West Hancock Avenue, Detroit, Mich. Detroit, Mich.
Congress Electrotype Co., 1326 East Congress Street, Detroit, Mich.
Detroit Electrotype Co., 1959 East Jefferson Avenue, +1 Burroughs Avenue, Detroit, Mich. Detroit, Mich.
Northern Electrotype Co. (a division of respondent The Rapid Electrotype Co., Cincinnati), Although organized some years prior thereto, the members of respondent Detroit on December 2, 1941, adopted a constitution and by-laws which recited the pur poses of the organization as being the maintenance of a high standing of business ethics among its members; the negotiation of labor contracts as an association for its members; and the mutual advancement of its members through promotional activities.
Respondent Detroit has held meetings of its members from time to time. A representative of said respondent has served on the Executive Board of respondent International, and reports to respondent International were made as to the activities of the Detroit group. The members of respondent. Detroit have discussed, adopted, and used the various standard scales published by respondent International in the pricing of their products. Said respondent members have also established discounts for the various classifications of work. Copies of the standard scales were obtained by members of the respondent Detroit from respondent International direct or through the offices of respondent Detroit, and customers of the said members were furnished copies of the scales on request. The members of respondent Detroit simultaneously adopted the ratio scale published by respondent International after considerable discussion among themselves of costs and prices. At the same time the members adopted a multiplier of .029 which had been recommended by respondent International. The Secretary of respondent Detroit sought to obtain 500 sample rate cards showing .029 as the multiplier and which had been sent by respondent International to the various local associations in explanation of the use of the ratio scale. On December 26, Findings 49 ¥. T.C.
1941, two hundred of the aforesaid rate cards showing .029 as the multiplier were shipped by respondent International to the Secretary of respondent Detroit. In October 1946 the members of respondent Detroit increased the multiplier from .029 to .036. On June 1, 1948, said multiplier was again increased by all the members of respondent Detroit to .044.
Par. 17. Respondent Indiana State Electrotypers Association, hereinafter sometimes referred to as respondent Indiana, is a voluntary unincorporated association organized in 1934, with its principal office located at the place of business of its Secretary, Clinton C. Barnes, President of respondent Fort Wayne Engraving Company, 120 West Superior Street, Fort Wayne, Indiana. The membership of said respondent is composed of individuals, partnerships, and corporations engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. The names and addresses of the members of respondent Indiana who are included as respondents herein are: Advance Independent Electrotype Co., Indianapolis Electrotype Foundry, Ine., 343 East Market Street, 730 East Washington Street, Indianapolis, Ind. Indianapolis, Ind. Miller Electroplating, Inc., Apex Electrotype Corp., 801 Northwest First Street, 227 South Carroll Street, Evansville, Ind. South Bend, Ind. South Bend Engraving & Electrotyping Fort Wayne Engraving Co., Co., Ine., 120 West Superior Street, 232 South St. Joseph Street, Fort Wayne, Ind. South Bend, .Ind.
Meetings of the membership of respondent Indiana have been held from time to time beginning in January 1984 and the subjects discussed at such meetings have included prices, terms, and discounts on their products. The members of said respondent Indiana met with other local or regional associations of electrotypers and stereotypers to discuss the adoption of uniform scales of prices, and the members have adopted and used the standard scales published by respondent International in the pricing of their products. In using the ratio scale the members of respondent Indiana agreed to adopt such scale, and used the same multipliers at the same time in each marketing area. The two respondent members of respondent Indiana located in South Bend adopted the ratio scale in January and February 1946 and simultaneously adopted identical multipliers. On November 1, 1946, two of the three Indianapolis members of respondent Indiana adopted .026 as the multiplier for use with the ratio scale, and this was increased on April 10, 1947, to .08. On April 15, 1948, the same members simultaneously increased the multiplier to .038. The third Indianapolis member of respondent Indiana adopted the INTER'’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 423 366 Findings same multipliers on or about the same dates as the other two Indianapolis members.
Respondent Indiana was represented from time to time on the Executive Board of respondent International, and reports were made to the latter association of the activities within the Indiana Association. Results of the meetings and activities of respondent International were in turn reported to the members of respondent Indiana.
Par 18. Respondent Northern California Electrotypers and Stereotypers Association, hereinafter sometimes referred to as respondent Northern California, is a voluntary unincorporated association. Roy W. Kelly, 593 Market Street, San Francisco, California, is Acting Secretary of respondent Northern California. Said respondent was organized in 1930 or 1931 and its membership was composed of individuals, partnerships, and corporations engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. The. names and addresses of the members of respondent Northern California who are included as respondents herein are: American Electrotype Division of Elec- Bert Hoffschneider & Bro., Inc, trographic Corp., 500 Sansome Street, 329 Fremont Street, San Francisco, Calif. San Francisco, Calif. Stephen W. Johnson, trading as John- The Filmer Bros., Electrotype Co., son Matrix & Stereotype Co., 830 Jackson Street, 500 Sansome Street, San Francisco, Calif. San Francisco, Calif. For a time, respondent Northern California used the name Pacific Coast Electrotypers and Stereotypers Association because it was contemplated that Oregon and Washington companies would become members. No formal organization of an association by the name of Pacific Coast occurred, however.
The answer to the complaint herein avers that respondent Northern California ceased to exist sometime in 1944.’ Said respondent was still in existence in February 1944, when its Executive Secretary, respondent Albert E. Benson, resigned. The members of respondent Northern California continued to act informally without officers, but the Association’s name was requested, in October 1945, by one Roy W. Kelly, 593 Market Street, San Francisco, California, as Executive Secretary, to be continued on the list of trade associations of the San Francisco Chamber of Commerce, which request was granted. Subse-. quent to respondent Benson’s resignation, meetings of said respondent Northern California were held from time to time at the instance of the labor union, and no formal steps to disband were taken by respondent Northern California. — Findings 49 F.T.C.
The affairs of respondent Northern California were conducted by its Executive Secretary, respondent Albert E. Benson, who from 1935 to 1987 also acted in the same capacity for respondent Southern California Electrotypers and Stereotypers Association. Respondent Northern California held monthly meetings and also held joint meetings from time to time with respondent Southern California Association. There has been close cooperation between these two respondents. The members of respondent Northern California have discussed among themselves and have adopted uniform prices, discounts, terms, and conditions of sale. The members have adopted and used standard scales published by respondent International in the pricing of their products. In 1937 the membership adopted and printed scales of prices for their various products, effective on May-1, 1937, the same date as that of a standard scale published by respondent International. The prices in the scales published by respondent Northern California were higher in the smaller quantity lots than the prices in the scale published by respondent International. The trade customs shown on the scale published by respondent Northern California were substantially the same as those on the scale published by respondent International and the quantity discount tables were identical. ‘The respondent members of Northern California agreed to a minimum charge of 80¢, which was more than that shown on the seale published by respondent International. Copies of the scales of prices used by the members of respondent Northern California were distributed to the members through the Association and were furnished to the members’ customers. Subsequent to the effective date of such scales, the members or respondent Northern California indicated at meetings of the Association that the prices shown on the scales were not being adhered to.
In May 1937 and December 1939 respondent Northern California entered into an agreement and understanding with the San Francisco Electrotypers and Stereotypers Union, whereby the respondent members agreed to abide by certain fair trade practice rules. These rules were the subject of an agreement made during N. R. A. days and were in effect in 1940. Among such rules were the following: 2. The granting of cash discounts in excess of 2% or for payment later than the twentieth (20th) day of the month following date of invoice, shall constitute a violation of the Fair Trade Practice Rules. 3. The secret payment or allowance of rebates, commissions, credits, or unearned discounts, whether in the form of money or otherwise, or extending to certain purchasers special services or privileges not. extended to all purchasers under like terms or conditions, shall constitute a violation of the Fair Trade Practice Rules. (Comm. Ex. 28.) : :
INTER'L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 425 366 Findings Par. 19. Respondent Southern California Electrotypers and Stereotypers Association, hereinafter sometimes referred to as respondent Southern California, is a voluntary unincorporated association, with its principal office located at 1210 Broadway, Arcade Building, Los Angeles, California. The membership of said respondent is composed of individuals, partnerships, and corporations engaged in the manufacture, sale, and distribution of electrotypes, stereotypes, and matrices. :
The names and addresses of the members of respondent Southern California who are included as respondents herein are: . Bryan-Brandenburg Co., Theodore Frase, trading as Frase Elec- 282 East tth Street, trotype Co., Los Angeles, Calif. 1220 South Maple Avenue, Tefen an \ Los Angeles, Calif.
California Electrotype & Stereotype Co., L. A. Matrix Co., Ltd., 860 South Los Angeles Street, 428 Wall Street, Los Angeles, Calif. Los Angeles, Calif.
Since 1938 the affairs of respondent Southern California have been conducted by respondent Harry R. Simon as Executive Secretary of said respondent. :
Respondent Southern California at times has also used the names “California Electrotypers and Stereotypers Association” and “Pacific Coast Electrotypers and Stereotypers Association,” but the express purpose and nature of the business of its members have been the same, irrespective of the name used. Among the objects of respondent Southern California as set forth in a draft of its constitution were: * * * to encourage and foster a feeling of friendship between producers of electrotypes, stereotypes, and matrices; * * * to develop a spirit of cooperation in all matters of mutual interest; * * * to urge electrotypers and stereotypers to cooperate with one another to eliminate the evils of ignorant and ruinous competition; to spread a wider knowledge of the elements of cost and what constitutes a proper remuneration for services rendered, so that competition may be honorable, just and reasonable; * * *. (Comm. Ex. 286.) Meetings of the members of respondent Southern California have been held from time to. time for the purpose of discussing business in general and to disseminate information pertaining to methods of production, cost, labor relations, and other matters relating to their business. Minutes of such meetings were not recorded. The members of respondent Southern California use and have used a set of scales in the pricing of their products which were prepared by San Francisco electrotypers who were members of respondent Northern California. Such scales were submitted to the members of respondent Southern California in 1937 with the tacit permission of said San Francisco Findings 49 F. T.C, electrotypers to use such scales, and they were adopted and used by _ the members of respondent Southern California. Discounts applicable to the prices shown on said scales were uniform among the various members of respondent Southern California. The key charts used in conjunction with said scales were prepared by respondent International and obtained from it by members of respondent Southern California.
Par. 20. Each of the respondents named hereinabove as members of one or more of the respondent associations, and sometimes herein referred to as respondent members, is engaged in the manufacture, sale, and distribution of one or more of the products involved in this proceeding. Each of them has participated in some of the activities described and has acted in concert and in cooperation with one or more of the other respondents in doing and in carrying out some of the acts and practices pursuant to and in furtherance of the combination and conspiracy common to them all.
Par. 21. The following described respondents, sometimes herein referred to as respondent non-members, are not members of any of ‘the respondent associations, but each of them is engaged in the manufacture, sale, and distribution of one or more of the products involved in this proceeding and each of them has participated in some of the activities described herein and has acted in concert and in cooperation with one or more of the other respondents in doing and in carrying out some of the acts and practices pursuant to and in furtherance of the combination and conspiracy common to them all. Each of them has used, and now uses, the standard scales prepared and disseminated by respondent International in computing the selling prices on the products its sells.
Artcrafts Engraving Co., Louisiana Electrotype Co., Ine., 22415 South Sth Street, St. Joseph, Mo.
Battle Creek Electrotype Co., 483 North Division Street, Battle Creek, Mich.
The Cincinnati Hlectrotype Co., — 528 Walnut Street, Cincinnati, Ohio.
The Empire City Electrotype Co., Inc., 251 William Street, New York, N. Y.
A. W. Harrison & Sons, Inc., 818 South Sharp Street, Baltimore, Md.
Lansing Electrotype Co., ~ 280 North Washington Avenue, Lansing, Mich.
782 Poydras Street, New Orleans, La.
Mulligan & Walsh, Inc., 310 East 45th Street, New York, N. Y.
National Electrotype Co., 227 East 45th Street, New York, N. Y.
Neptune Electrotype Corp., 310 East 28d Street, New York, N. Y.
Precision HMlectrotype Co., 1045 Sansome Street, San Francisco, Calif.
Publishers Plate & Mat Co., Inc., 318 West 87th Street, New York, N. Y.
INTER’'L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 427 3866 Findings Rockford Illustrating Co., Southern Electrotype Co. (named in the 317 Market Street, complaint as The Southern Electro Rockford, Il. Co.), Sampson & Ollier Electrotype Co., 10 North Newman Street, 141 West Ohio Street, Jacksonville, Fla.
Chicago, Ill.
Smith-Brooks Printing Co., Charles Van Vlack Co., 1743 California Street, 191 Chestnut Street, Denver, Colo. Springfield, Mass. - Par, 22. The vast majority of the respondent members of the various respondent associations and the respondent non-members make sales of one or more of the products involved in this proceeding to purchasers located in States other than the State in which the respec-. tive respondents are located, causing said products, when sold, to be shipped from their respective places of business to the purchasers thereof, and there has been and now is a constant course of trade and commerce in such products between and among the several States of the United States and in the District of Columbia. There are among such respondent members and respondent non-members, however, some who, from the record, do not appear to have been engaged in interstate commerce. The respondents in this category are, nevertheless, parties to the combination and conspiracy either through their affiliations with the respondent associations or because of their participation in the acts and practices done and performed pursuant to and in furtherance of the combination and conspiracy common to them all. All of such member and non-member respondents have been and are in competition in the sale of their products with other members of the industry and with each other, in their respective marketing areas, except insofar as such competition has been restrained or lessened as a result of the acts and things done by such respondents, as herein found.
Par. 23. The record in this proceeding thus establishes that respondent International has devised, worked out, and promulgated standard scales of prices to be charged for electrotypes, stereotypes, and matrices and has disseminated and distributed such scales among and to, and secured their adoption and use by, the various local and regional respondent associations and the various non-member respondents, and by this means has sought to stabilize the prices for said products. - The respondent members of the various respondent associations have cooperated with each other and have worked together within their respective local groups or associations, and between and among such local groups or associations, and with respondent International, to restrict, restrain, suppress, and substantially lessen competition in the sale of such products. The respondent non-members have joined in Findings 49 F.T.C.
the common course of action or understanding by adopting and using the various standard scales devised and promulgated by respondent International in the sale of their products, and by using the same prices, terms, and discounts as those used by the member respondents. As a result of the common use of the standard scales, and the agreements and understandings concerning the discounts, or multipliers, applicable to the standard scales, and the terms of sale, the prices at which said products have been offered for sale and sold have been generally uniform in any given marketing area. The Commission concludes, and therefore finds, that the respondents named herein have entered into and have engaged in and carried out an understanding, agreement, combination, conspiracy, and planned common course of action among themselves to restrict, restrain, and suppress competition in the sale of electrotypes, stereotypes, and matrices.
Par. 24. Among the respondents specifically named in the complaint herein are certain individuals who are named individually and as officers and/or members of boards or committees of the different respondent associations. It appears that, except for respondents Albert P. Schloegel, Secretary-Treasurer and Executive Secretary of respondent International, Edwin M. Chamberlin, former Secretary of respondent New England, T. J. Ramsay, Secretary of respondent Chicago Electrotypers and of respondent Chicago Stereotypers, Peter F. Regan, Jr., Managing Director of respondent New York City, Albert E. Benson, former Executive Secretary of respondent Northern California and of respondent Southern California, and Harry R. Simon, Executive Secretary of respondent Southern California, the officers and members of boards and committees of the respondent associations consist of representatives of the concerns comprising the membership of the associations. It further appears that respondent Edwin M. Chamberlin severed his connections with respondent New England on or about September 1, 1943, and that respondent Albert E. Benson severed his connections with respondent Northern California in about February 1944, and that neither respondent Chamberlin nor respondent Benson has been connected in any way with the industry since those dates. Since the order to cease and desist which is being entered in this matter runs against the officers, agents, representatives, employees, members of boards or committees, and members of the respondent associations, the Commission does not consider it necessary to retain such individuals, except Albert P. Schloegel, T. J. Ramsey, Peter F. Regan, Jr., and Harry R. Simon, as respondents in this proceeding individually. The complaint herein should, therefore, be dismissed as to the following individual respondents in their capaci- INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 429 3866 - Findings ties as named parties respondent, but not in their capacities as officers and/or members of boards or committees of the respondent associations if any of them are now, or hereafter become, such. C. C. Barnes Albert E. Benson Arthur Bernhard Edwin M. Chamberlin Payson M. Curry (named in the complaint as Pace N, Curry) William P. Curry Augustus Davis Chas. E. Dye Walter C. Dohm Ed. A. Dominik W. P. Filmer Albert J. Fleig Walter C. Flower Frank Galvin Charles F. Hamilton I. A. Herrgott H. G. Hoff Dennes F. Hoynes Leighton R. Johnson Melville H. Kennedy Robert H. Kennedy Arthur N. Knol F. W. Kreber William C, Lennox George W. Liddle James S. Love C. A. Mawicke - Harry M. Midwood ‘Charles E. Murray Cc. A. Parsons George I’. Preisler Joseph Reilly .
Clifford W. Remington John N. Rettig Stetson D. Richmond ~ Eignar Ringquist Robert T. Rowell Isaac Rubin George J. Ryan L. P. Sale George C. Scott Joseph Schwartz Arthur Tomlinson John Weiand William H. Wohlberg The complaint should also be dismissed as to the following named individuals, partnerships, and corporations, some of whom are not specifically named in the complaint but are respondents by reason of their being members of a class, for the reason that the record does not establish that they have participated in the combination and conspiracy described hereinabove, or that they are not presently engaged in the manufacture, sale, and distribution of any of the products involved in inis proceeding:
Acme Plate & Mat Co., 392 West Lancaster Avenue, Wayne, Pa.
Ad Plate & Mat Co., Inc., 227 East 45th Street, New York, N. Y.
Albany Electrotype Co., Inc..
P. O. Box 1259, Albany, N. Y.
American Engraving & Electrotype Co., _ Division of the Times Mirror Co., 110 South Broadway, Los Angeles, Calif.
260133—55 Art Engraving & Electrotype Co., Ine., 634 Court Street, Reading, Pa.
Arteraft Engraving & Electrotype Co., 1010 First Avenue, Seattle, Wash.
T. P. Beacom and J. H: Davies, partners trading as Beacom-Davies Co., 914 Farnam Street, Omaha, Nebr.
The Billboard Publishing Co., 2160 Patterson Street, Cincinnati, Ohio Findings Belz Electrotype Co., Inc, 14 South Fifth Street, Philadelphia, Pa, Louis H. Booze, formerly trading as City Electrotype Co., 314 Beaubien Street, Detroit, Mich.
Bureau of Engraving, 815 North Broadway, Oklahoma City, Okla.
Capper Publications, Inc., Eighth & Jackson Streets, Topeka, Kans.
Chattanooga Electrotype Co., 239 Hast 11th Street, Chattanooga, Tenn.
J. R. Cissna and W. T. Resing, formerly partners trading as Oklahoma Mat & Plate Co., 325 Northwest Second Street, Oklahoma City, Okla.
The Colonial Press, Ine.
Clinton, Mass.
Colorado Stereotype Co.
1802 Broadway, Denver, Colo.
Conde, Nast Engravers, Inc., Greenwich, Conn.
W. B. Conkey Co., 601 Conkey Street, Hammond, Ind.
The Cornwall Press, Inc., Shore Road, Cornwall, N. Y.
Country Life Press Corp., Garden. City, N. Y.
The Cuneo Press, Inc., 455 West Cermak Road, Chicago, I1l.
J. 8, Cushing Co., Washington Street, Norwood, Mass.
Elmer Deputy, 123 Federal Street, Camden, N. J.
Desaulniers & Co., 1701 Third Avenue, Moline, Tl.
L, R. Dowliu (named in the complaint as L. R. Dowling), c/o Western Newspaper Union, 1400 Northwest Hoyt Street, Portland, Oreg.
Erskine & Morrison, Inc., 7 Beverly Street, Providence, R. I.
James T. Flanagan and Frank J. Flanagan, partners trading as Advertisers Matrix Co., , 24 Noble Court NW., Cleveland, Ohio Foote, Cone & Belding, 305 Hast 45th Street, New York, N. Y."
The J. W. Ford Co., 108 West Central Parkway, Cincinnati, Ohio E. L. Geiger, trading as Geiger Stereotype Co., 223 South Ludlow, Dayton, Ohio.
The Gilbert-Baker-Midlam Co., 38 North Jefferson Street, Dayton, Ohio.
Gilman Fanfold Corp., Buffalo Avenue at Porter Park, Niagara Falls, N. Y.
Charles J. Hely and John HB. McCormack, partners trading as Hely & McCormack, 55 Lafayette Street, Newark, N. J.
W. D. Hoard & Sons, 28 West Milwaukee Avenue, Fort Atkinson, Wis.
G. T. Iverson, trading as Printing Trade Plate Makers Co., 805 Fifth Street South, Minneapolis, Minn.
Winfred A. Jackson, trading as Augusta Electrotype Co., Winthrop & Perham Streets, Augusta, Maine.
Kable Bros. Co. (formerly Kable Printing Co.), 404 North Wesley Avenue, - Mount Morris, Il.
49 F, T. 0.
INTER’L ASSN, OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 43] Keystone Electrotype Co., 123 East 17th Street, Hrie, Pa.
Carl H. Lahl, trading as Lahl Matrix & Plate Co., 104 East Mason Street, Milwaukee, Wis.
J. J. Little & Ives Co., 435 East 24th Street, New York, N. Y.
Wm. H. Lockwood Sons, Inc., 11 Edward Street, Hartford, Conn.
Lowell Electrotype Foundry, 27 Jackson Street, Lowell, Mass.
Marathon Corp., Rothschild, Wis.
Willard H. Marshman, trading as Quality Electrotype Co. (named in the complaint as Quality Electrotype Foundry), 1 Daniel Street, corner Beaver Street, Albany, N. Y¥. :
The Mauqa Co., 450 Duane Avenue, Schenectady, N. Y.
McDonald Printing Co., Inc., (named in the complaint as The McDonald Printing Co.), Arbor Place, Cincinnati, Ohio.
R. McDonald, c/o Western Newspaper Union, Detroit, Mich.
Cy Means, c/o Typothetae Franklin Association of Detroit, Detroit, Mich.
Mechano Duoplate, Inc., 151 Seymour Avenue, Buffalo, N. Y.
The Methodist Book Concern, 420 Plum Street, Cincinnati, Ohio.
Metropolitan Press Printing Co., 2603 Third Avenue, Seattle, Wash.
Meyer-Both Co., 1935 South Michigan Avenue, Chicago, Ill.
Findings Monarch Matrix & Stereotype Co., 732 Federal Street, Chicago, Ill.
The Morgan Co. (named in the complaint as The Morgan Co., Inc.), 128 West Third Street, :
Tulsa, Okla.
Muirson Label Co., Inc., 535 Stockton Avenue, San Jose, Calif.
Northern Engraving & Electrotype Co., Canton, Ohio.
William J. Onink, Inc., 155 Seymour Street, Buffalo, N. Y.
Edward H. Parkhurst Co., 3865 State Street, New Haven, Conn.
T. C. Parrish, formerly trading as American Cut & Matrix Co., 610 Delaware Street, Kansas City, Mo.
Jay B. Perry, trading as Perry Printing Co., 1025 East Fourth Avenue, Flint, Mich.
The Plimpton Press, Lennox Street, Norwood, Mass.
Printing Plates Co. (named in the complaint as Printing Plates, Inc.), 585 21st Street, Oakland, Calif.
The Progress-Farmer Ruralist Co., 821 North 19th Street, Birmingham, Ala.
Progressive Printing Plate Service, Inc., 1732 South Broadway, Green Bay, Wis.
Quinn & Boden Co., Ine.,, Jackson and Elizabeth Avenues, Rahway, N. J.
Rotary Press Co., 300 East 4th Street, St. Paul, Minn.
Lee Seibert, trading as National Matrix Service, 412 North 15th Street, St. Louis, Mo.
439 _ FEDERAL TRADE COMMISSION DECISIONS Order 49, T.C, The Simpson & Doehler Co., 2800 Hast Preston Street, Baltimore, Md.
Springfield Electrotype Co., 416 Linn Street, Springfield, Ohio.
Standard Plate & Matrix Co., 1104 Prospect Avenue, Cleveland, Ohio.
Jos. W. Sullivan, formerly trading as J. W. Sullivan Co., 422 First Avenue, Pittsburgh, Pa. ;
Superior Electrotype Co. (named in the complaint as Superior Electrotype Co., Inc.), 297 Congress Street, Boston, Mass.
Terre Haute Electrotype Co., 808144 North Ninth Street, Terre Haute, Ind.
Union Engraving Co., Inc., 101 Main Street, Peoria, Ill.
University Electrotype Co., Ine., University Road, _ Cambridge, Mass.
Waterloo Engraving & Service Co., Arts & Crafts Building, Waterloo, Iowa.
John Wuest and D. Jules Sachs, partners trading as Active Matrix Co., 825 North 14th Street, St. Louis, Mo.
Youngstown Art Engraving Co., Vindicator Building, Youngstown, Ohio, Par. 25. The tendency, capacity and effect of the understanding, agreement, combination, conspiracy, and planned common course of action entered into and maintained as aforesaid, and the acts and things done and performed pursuant thereto and in furtherance thereof, have been and are to substantially lessen, restrict, restrain, and suppress competition in price in the sale of electrotypes, stereotypes, and matrices in interstate commerce; to place in the respondents the power to control the market and enhance the prices of such products; to create in the respondents a monopoly in the sale of such products in interstate commerce; and to unreasonably restrain such commerce.
CONCLUSION The aforesaid acts and practices of the respondents constitute unfair methods of competition in commerce within the intent and meaning of Section 5 of the Federal Trade Commission Act. Commissioner Carretta not participating.
ORDER TO CEASE AND DESIST ? This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, answers of the respondents, testimony and other evidence in support of and in opposition to . 1The Commission on March 16, 1958 issued an order modifying order to cease and desist by striking therefrom Precision Electrotype Co. as a respondent against which said order was directed, and said cease and desist order is published as thus modified. Said order of March 16, follows:
The Commission, on October 28, 1952, made and issued its findings as to the facts and conclusion in this matter and entered an order to cease and desist against some 239 parties, INTER'L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 433 366 Order the allegations of said complaint taken before a hearing examiner of the Commission theretofore duly designated by it, recommended decision of the hearing examiner, with exceptions thereto filed by respondent Precision Electrotype Company and by Marathon Corporation, an unspecified member of a respondent class, and briefs and oral argument of counsel in support of and in opposition to the allegations of the complaint insofar as they pertain to respondent Precison Electrotype Company; and the Commission having issued its order disposing of the exceptions to said recommended decision and having made its findings as to the facts and its conclusion that the respondents, except those as to whom the complaint is hereinafter specifically dismissed, have violated the provisions of Section 5 of the Federal Trade Commission Act: , Ir 1s orperep that the respondents, International Association of Electrotypers & Stereotypers, Inc., New England Electrotypers Association, Chicago Employing Electrotypers Association, Chicago Employing Stereotypers Association, Electrotypers and Stereotypers Association of New York, Inc., New York State Electrotypers Association, Ohio State Association of Electrotypers and Stereotypers, Wisconsin Employing Electrotypers Association, Pacific Northwest Electrotypers and Stereotypers Association, Potomac District Association of Electrotypers and Stereotypers, Employing Electrotypers Association of St. Louis, Employing Electrotypers and Stereotypers of Philadelphia, Detroit Electrotypers and Stereotypers Association, Indiana State Electrotypers Association, Northern California Electrotypers and Stereotypers Association, Southern California Electrotypers and Stereotypers Association, and their respective officers, _members of boards or committees, agents, representatives, employees, and members; Albert P. Schloegel, individually and as Secretaryincluding respondent Precision Electrotype Company, a corporation. On December 19, 1952, said Precision Electrotype Company filed in the United States Court of Appeals for the Ninth Circuit a Petition for Writ of Review of said order to cease and desist. Thereafter, counsel for respondent Precision Electrotype Company and counsel for the Commission entered into a stipulation which provided that if respondent Precision Hlectrotype Company would withdraw its said Petition for Review, the Commission would vacate the order of which review had been sought as against respondent Precision Electrotype Company and would dismiss as against said respondent the proceedings in which said order had been entered. On the basis of this stipulation the said United States Court of Appeals for the Ninth Circuit granted the motion of Precision Electrotype Company for leave to withdraw the Petition for Review filed on December 19, 1952. . Respondent Precision Electrotype Company having waived hearing (and notice thereof) preceding entry of an order dismissing this proceeding as to it, and the Commission having duly considered the matter and being now fully advised in the premises : It is ordered, That the order to cease and desist heretofore entered in this proceeding be, and it hereby is, modified by striking therefrom Precision Electrotype Company, a corporation, as a respondent against which said order was directed. It is further ordered, That the complaint herein be, and it hereby is, dismissed as to Precision Electrotype Company, a corporation. . Order 49 F.T.C, Treasurer of respondent International Association of Electrotypers & Stereotypers, Inc., T. J. Ramsay, individually and as Secretary of respondents Chicago Employing Electrotypers Association and Chicago Employing Stereotypers Association, Peter F. Regan, Jr., individually and as Managing Director of respondent Electrotypers and Stereotypers Association of New York, Inc., Harry R. Simon, individually and as Executive Secretary of respondent Southern California Electrotypers Association, and their respective agents, representatives, and employees; A. B. C. Electrotype Company, Ace Electrotype Company (Chicago), The Ace Electrotype Company - (Cleveland), G. A. Ackermann Electrotype Co., Acme Electrotype Company, Advance Independent Electrotype Co., Inc., The Akron Electrotype & Stereotype Co., American Electrotype Company (Chicago), The American Electrotype Company (Cleveland), American Electrotype Division of Electrographic Corporation, American Electrotype Company, Inc. (Washington, D. C.), Anderson & Hedwall Company, Apex Electrotype Corp., The Artcraft Electrotype Company, The Art Electrotype Company, Atlantic Electrotype & Stereotype Company (Division of The Rapid Electrotype Co., Cincinnati), Atlas Electrotype Corporation, Back Bay Electrotype & Engraving Company, Badger-American Electrotype Company, Baltimore Electrotype Co., Inc., Barnum-Hayward Electrotype Co., Inc., John Beissel Company, The Bell Electrotyping Company, Bickford Engraving & Electrotype Company, Bison Electrotype Company, Inc., Blomgren Bros. & Co., J. T. Buntin, Inc., Bush-Krebs Company, Canton Engraving & Electrotype Company, Capital City Printing Plate Company, Central City Electrotype Company, Inc., The Central Electrotype Company, Central Electrotype Foundry Co., Inc., Central Typesetting & Electrotyping Co., Chicago Electrotype & Stereotype Co., Congress Electrotype Co., Consolidated Electrotypers, Inc., Crescent Engraving Company, The Cresset Company, The Thomas H. Crosley Company, The Dayton Electrotype Company, Detroit Electrotype Company, J. K. Dean individually and trading as Dixie Electrotype Company, Dorsey Printers Supply Company, Inc., Electrotype Service (Indianapolis), Electrotype Service Corporation (Worcester), Elhott Electrotype, Stereotype & Matrix Co., Inc., The Employing Printers Electrotype Co., The Filmer Bros. Electrotype Company, Edwin Flower, Inc., Flower Steel Electrotype Co., Fort Pitt Electrotype Company, Inc., Fort Wayne Engraving Company, Freeport Electrotype Co., Gage Printing Company, Ltd., Galvanic Printing Plate & Matrix Co., Inc., Genesee Electrotype Company, Gether Electrotype Company, Gilliams & Rubin, Inc., Globe Electrotype Corp., Globe Engraving & Electrotype Company (Chicago), INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 435 366 Order Grand Rapids Electrotype Co., Graphic Arts Electrotype & Matrix Company, Higwill Matrix Company, Inc., Arthur W. Hoffschneider individually, Alma Hoffschneider individually and trading as A. W. Hoffschneider Company, Home City Electrotype Works, Inc., Holmes Electrotype Foundry, Illinois Electrotype Company, Indianapolis Electrotype Foundry, A. G. Johnson Electrotype Company, Kansas City Central ‘Electrotype Company, S. J. Kelley and Estate of Fred C. Kelley individually and as partners trading as S. J. Kelley Engraving Co., Kingsboro Electrotype Corp., Knickerbocker Electrotype Com- . pany, A. R. Koehler Electrotype Co., Inc., L. A. Matrix Company, Lid., Lake Shore Electrotype Co., Lancaster Press, Inc., Louisville Electrotype Co., Maple Press Company, Inc., D. Edward McAllister individually and trading as Hanson Company and as Progress Plate Making Co., Sam Ross McElreath individually and trading as Sam Ross McElreath Co., Arthur W. McGrath and Evelyn McGrath individually and as partners trading as Century Electrotype Co., Merchants Matrix Cut Syndicate, Inc., Walter J. Meserve, Inc., Metro Matrix & Reproduction Company, Inc., Metropolitan Engraving & Electrotype Company, Inc., Michigan Electrotype & Stereotype Company, Miller Electroplating, Inc., The Milwaukee Electrotype Co., A. E. Munyer Electrotype Co., Inc., National Electrotype Co. (Chicago), Nebraska Electrotype Company, New England Electrotype Company, New York Electrotyping Company, Incorporated, Norman-Dohm-O’F laherty Co., Inc., Northern Electrotype Company (Division of The Rapid Electrotype Co., Cincinnati), Northwestern Electrotype Co., Nu-Method Matrix & Plate Co., Inc., Pacific Electro- _ type Co., Inc., Partridge & Anderson Company, Pennsylvania Electrotype Company, Inc., Phoenix Supplies Company, Pontiac Engraving and Electrotype Co., Portland Electrotype & Stereotype Co., Inc., Potomac Electrotype Company, Inc., Potomac Electrotype Company of New Jersey, Progressive Electrotype Company, Progressive Matrix Company, The Quality Engraving and Electrotype Company, The Rapid Electrotype Co., Reilly Electrotype Company, Reinert-Preisler Electrotype Company, F. A. Ringler Company, F. J. Ringler & Co., Rochester Electrotype and Engraving Company, Inc., Royal Electrotype Company (Philadelphia), Royal Electrotype Company of New England, Ruralist Press, Inc., Scranton Electrotype Company, Service Electrotype Company (Milwaukee), Service Electrotype Company (Pittsburgh), Service Electrotype Company, Inc., (St. Louis), Shane- Beever Company, Shea & Manton Company, William Snell & Co., South Bend Engraving & Electrotyping Co., Inc., Springfield Electrotype Company, St. Louis Electrotype Foundry Company, Standard Electrotype Company, Stoddart-Bell Electrotype Company, Inc., Order 49-F. T.C.
Syracuse Electrotype Corporation, Union Electrotype Co., United Electrotype & Stereotype Company, United Electrotype Company, Van Bolt-Kreber Electrotype Co., Theodore C. Walters individually and trading as Walters Electrotype Company, Webb Publishing Company, Westcott & Thomson, Inc., Western Newspaper Union, Jacob Weinstein individually and trading as The Sherwen Company, The Wrigley Company, Williams Press, Inc., Harold J. Bothel individually and trading as Tacoma Electrotype Company, Bryan-Brandenburg Company, California Electrotype & Stereotype Company, George S. Ferguson Company, Theodore Frase individually and trading as Frase Electrotype Company, Bert Hoffschneider & Bro., Inc., Holyoke Electrotype Company, Stephen W. Johnson individually and trading as Johnson Matrix & Stereotype Company, H. D. Jordan individually and trading as Virginia Stereotype Service, Lead Mould Electrotype Company, George R. Olson individually and trading as Advance Printing Plate Co., Oregon Engraving & Electrotype Co., Schroeder Brothers Company, Spokane Electrotype Company, Arthur J. Cheney and Roger M. Powers individually and as partners trading as Springfield Electrotype & Stereotype Service, Super Quality Co., Inc., Artcrafts Engraving Co., Battle Creek Electrotype Co., The Cincinnati Electrotype Company, The Empire City Electrotype Co., Inc., A. W. Harrison & Sons, Inc., Lansing Electrotype Co., Louisiana Electrotype Co., Inc., Mulligan & Walsh, Inc., National Electrotype Company (New York City), Neptune Electrotype Corp., Publishers Plate & Mat Co., Inc., Rockford Illustrating Co., Sampson & Ollier Electrotype Co., Smith-Brooks Printing Co., Southern Electrotype Company, and Charles Van Vlack Company, and their respective officers, agents, representatives, and employees, each and all, in or in connection with the offering for sale, sale, and distribution of electrotypes, stereotypes, or matrices in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from entering into, continuing, cooperating in, or carrying out any planned common course of action, understanding, agreement, combination, or conspiracy between any two or more of said respondents or between any one or more of said respondents and others not parties hereto, to do or perform any of the following things:
1. Establishing, fixing, or maintaining prices, discounts, terms, or conditions of sale, or trade customs, or adhering to any prices, discounts, terms, or conditions of sale, or trade customs so established or maintained.
2. Formulating, devising, adopting, or using compilations of prices or values, such as the so-called Standard Scales, whether or not in the form of prices or in the form of units or figures to be converted INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 437 366 Order into prices by the use of a multiplier or selling rate, 7/ such should be for the purpose or with the effect of systematically making, quoting, charging, stabilizing or fixing prices, terms, or conditions of sale on the part of two or more competitors. 3. Engaging in or continuing pricing actions, practices or policies based in whole or in part upon any compilation of prices or values, such as the so-called Standard Scales, whether or not in the form of prices, units, or figures which may be converted into prices through the use of multipliers or selling rates, formulated, devised or adopted by agreement, understanding or collective action, if such should be for the purpose or with the effect of systematically making, quoting, charging, stabilizing or fixing prices, terms, or conditions of sale on the part of two or more competitors.
4. Formulating, devising, adopting, or using any multiplier or selling rate in conjunction with the use of any compilation of figures with the effect of causing or continuing the fixing and stabilizing of prices, 5. Filing, exchanging, distributing, or relaying among the respondent Associations, or any of them or their members, or any of their representatives, or through the respondent International or its representatives, or through any other central agency, information concerning prices, terms, and discounts allowed to certain customers where the identity of the seller or purchaser can be determined through such information and which has the capacity or tendency of aiding in securing compliance with announced prices, terms, or discounts. ft is further ordered, For reasons appearing in the findings as to the facts in this proceeding, that the complaint herein be, and it hereby is, dismissed: as to C. C. Barnes, Albert E. Benson, Arthur Bernhard, Edwin M. Chamberlin, Payson M. Curry, William P. Curry, Augustus Davis, Chas. E. Deye, Walter C. Dohm, Ed. A. Dominik, W. P. Filmer, Albert J. Fleig, Walter C. Flower, Frank Galvin, Charles F, Hamilton, F. A. Herrgott, H. G. Hoff, Dennis F. Hoynes, Leighton R. Johnson, Melville H. Kennedy, Robert H. Kennedy, Arthur N. Knol, F. W. Kreber, William C. Lennox, George W. Liddle, James S. Love, C. A. Mawicke, Harry M. Midwood, Charles E. Murray, C. A. Parsons, George F. Preisler, Joseph Reilly, Clifford W. Remington, John N. Rettig, Stetson D. Richmond, Eignar Ringquist, Robert T. Rowell, Isaac Rubin, George J. Ryan, L. P. Sale, George C. Scott, Joseph Schwartz, Arthur Tomlinson, John Weiand, and William H. Wohlberg, in their capacities as named parties respondent.
It is further ordered, For reasons appearing in the findings as to the facts in this proceeding, that the complaint herein be, and it hereby is, dismissed as to Acme Plate & Mat Co.; Ad Plate & Mat Co., Inc.; Order 49 BF. T.C, Albany Electrotype Co., Inc.; American Engraving and Electrotype Company, Division of the Times Mirror Company; Art Engraving & Electrotype Co., Inc.; Artcraft Engraving & Electrotype Company ; T. P. Beacom and J. H. Davies, partners trading as Beacom-Davies Co.; Belz Electrotype Co., Inc.; The Billboard Publishing Co.; Louis H. Booze, formerly trading as City Electrotype Co.; Bureau of Engraving; Capper Publications, Inc.; Chattanooga Electrotype Co.; J. R. Cissna and W. T. Resing, formerly partners trading as Okla- _ homa Mat & Plate Co.; The Colonial Press, Inc.; Colorado Stereotype Company; Conde, Nast Engravers, Inc.; W. B. Conkey Company; The Cornwall Press, Inc.; County Life Press Corporation; The Cuneo Press, Inc.; J. S. Cushing Co.; Elmer Deputy; Desaulniers & Co.; L. R. Dowlin; Erskine & Morrison, Inc.; James T. Flanagan and Frank J. Flanagan, partners trading as Advertisers Matrix Co.; Foote, Cone & Belding; The J. W. Ford Co.; E. L. Geiger, trading as Geiger Stereotype Co.; The Gilbert-Baker-Midlam Co.; Gilman Fanfold Corp.; Charles J. Hely and John E. McCormack, partners trading as Hely & McCormack; W. D. Hoard & Sons; G. T. Iverson, trading as Printing Trade Plate Makers Co.; Winfred A. Jackson, trading as Augusta Electrotype Company; Kable Bros. Co.; Keystone Electrotype Co.; Carl H. Lahl, trading as Lahl Matrix & Plate Co.; J. J. Little & Ives Company; Wm. H. Lockwood Sons, Inc.; Lowell Electrotype Foundry; Marathon Corporation; Willard H. Marshman, trading as Quality Electrotype Company; The Maqua Company; McDonald Printing Company, Inc.; R. McDonald; Cy Means; Mechano Duoplate, Inc.; The Methodist Book Concern; Metropolitan Press Printing Company; Meyer-Both Co.; Monarch Matrix & Stereotype Company; Sherwood H. Morgan and wife, partners trading as The Morgan Company; Muirson Label Company, Inc.; Northern Engraving & Electrotype Company; William J. Onink, Inc.; Edward H. Parkhurst Co.; T. C. Parrish, formerly trading as American Cut & Matrix Co.; Jay B. Perry, trading as Perry Printing Co.; The Plimpton Press; Printing Plates Company; The Progress-Farmer Ruralist Co.; Progressive Printing Plate Service, Inc.; Quinn & Boden Co., Inc.; Rotary Press Co.; Lee Seibert, trading as National Matrix Service; The Simpson & Doehler Company; Springfield Electrotype Co.; Standard Plate & Matrix Co.; . Joseph W. Sullivan, formerly trading as J. W. Sullivan Co.; Superior Electrotype Co.; Terre Haute Electrotype Company; Union Engraving Co., Inc.; University Electrotype Company, Inc.; Waterloo Engraving & Service Co.; John Wuest and D. Jules Sachs, partners trading as Active Matrix Co.; and Youngstown Art Engraving Company.
i INTER’L ASSN. OF ELECTROTYPERS & STEREOTYPERS, INC., ET AL. 439 366 Order Itis further ordered, That the respondents (except those as to whom the complaint is dismissed) shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with it.
Commissioner Carretta not participating.
440 FEDERAL TRADE COMMISSION ‘DECISIONS Syllabus 49 F.T.C.