Bohn Aluminum & Brass Corporation

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IN THE J\iatter OF BOH ALUMINUM & BRASS CORPORATION ET AL, Docket 5120. Complaint, Dec. 20, 1949-Decision, May 22, 1955 Order dismissing, because of discontinuance, of business by respondents in the automotive parts replacement service field, complaint charging discrimination in price in viulation of sec. 2(a) of the Clay toil Act as amended. Mr. Eldon p, Schmp, Mr. James E, Oorkey and Mr. Francis O. Mayer for the Commission, Butzel, Eaman, Long, Gust Kennedy, of Detroit, Mich. , for respondents.

INITIAL DECISION BY EARL .T. KOLil, HEARING EXAMINER This proceeding is before the Hearing Examiner upon motion of respondents to dismiss this proceeding, affdavit in support thereof and answer to respondents' motion filed by counsel in support of the complaint.

The complaint in this proceeding was issued December 20 , 1949. Thereafter, under date of February 9, 1951, counsel for respondents and counsel supporting the complaint entered into a stipulation as to the facts. This stipulation stated in part that during the period from 1943 through 1949 respondent Clawson & Bals, Inc., was a wholly owned subsidiary of respondent Bolm Aluminum & Brass Corporation and, under date of December 31, 1949, said Clawson & Days, Inc. was liquidated and since that time the business formerly conducted by it has been carried as a division of Balm Aluminum & Drass Corporation. It was stated in said stipulation that the respondents had discontinued the practices charged by the complaint to be in violation of subsection (a) of Section 2 of the Clayton Act, and further provided that the stipulation be incorporated into the record in this proceeding and the matter adjoumed until thirt,y days after final disposition of the m,.tter now pending before the Federal Trade Commission against Federal- logul Corporation, Docket 5769. In his affdavit in support of the motion to dismiss, Clyde M. Adams Vice President of Balm Aluminum & Brass Corporation stated that in the year 1953 Bohn Aluminum & Brass Corporation liquidated and otherwise c11sposecl OT its automotive replacement parts division and since that time haclnot been and is not now interested in the operation of the automotlYc parts replacement business in the automotive 1196 FEDERAL TRADE CO:MISSION DECISIO:-S Decision 51 F.

after-market field, nor has it any present inte,ntion of re-entering such business.

In their answer to respondents' motion a, nd affcla.vit, cOllnsel in support of the complaint stated that they have no objection to the motion to dismiss this proceeding, a.nd as part of said ans\"cr atta,checl thereto photostatic copies of certain correspondence and documents showing a sale by Bohn Aluminum & Brass Corporation of its inventory of automotive parts to the Thompson Products, Inc., on or a,about August 7 1953, and notice to customers that it had discontinued doing business in the replacement service field.

The I-Iearing Examiner, having considered said motion and affdavit in support thereof, and ans-wer thereto filed by counsel in support of the complaint and documents attached to said answer, and the record herein, and being now duly advised in the premises, is of the opinion that further proceedings in this Inatter would not be in the public interest.

It i8 therefore o1'dered That the complaint herein be, and the same is hereby, dismissed.

DEClsrox OF THE COl\IMlSSION Pursuant to Rule XXII of the Commission s Rules of Practice, the initial decision of the hearing examiner shall on :May 22, 1955 , become the decision of the Commission.

&, THE Malco CO. , INC. 1197 Complaint