Puget Sound Salmon Canners, Inc.

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THE MATTER OF PlJGET SOUND SALMON CANNERS, INC., ET AL. cm,"' SENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF Tile FEDERAL TRAE COM::nSSION ACT Docket 6876. Complaint, Jmte 1955-Deci. ion, May, 1956 Consent order requiring 13 corporate canners of salmon caught in Puget Sound and adjacent areas--charged in the complaint, along with their trade as ciation, an organization of owners of Purse Seine vessels engaged in fishing for salmon in that area, and a union of salmon fishermen including those on such vessels, with collectively controllng the prices at which the salmon was purchased and sold, by means of agreements between and among themselyes-to cease and desist from concerted price fixing; but Providing that if the proceeding stil pending against the vessel owners' association and the fishermen s union is terminated in any other way than by a similar desist order, then this order shall cease to be of any effect. Before Mr. William L. Pack hearing examiner. Mr. Lewis F. Depro, Mr. Fletcher G. Cohn and Mr. John J. McNally for the Commission.

Pillsbury, Madison Sutro of San Francisco, Calif., for Alaska Packers Ass Peyser, Cartano, Botzer Chapman of Seattle, Wash., for American Packing Co.

Mr. IIerald A. O'Neill of Seattle, ",'Vash., for Burk Canning Co., Inc. , Dressel. Collins Fish Co., Fishermen s Packing Corp., Friday Harbor Canning Co. , Sebastian.Stuart Fish Co. and Washington Fish & Oyster Co., Inc.

N orb lad, Wyatt MacDonald of Astoria, Ore., for Colmnbia River Packers Ass, Inc.

Bogle, Bogle Gates of Seattle Wash., for Farwest Fishermen Inc. and New England Fish Co.

Kerr, MeOord, Greenleaf Moen of Seattle, Wash., for Pacific American Fisheries, Inc.

Ryan, Askren Mathewson of Seattle, Wash., for \'iz Fish Products Co., Inc.

COMPLAINT 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 parties hereinafter referred to as respondents have violated the provisions of Sec- 12S2 FEDERAL TRADE C011MISSION DECISIONS Complaint 32 F. '1' . C. t.ioll 5 of the said Federal Trade Commission 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 these respects as follows:

PARAGRAPH 1. Respondent Puget Sound Salmon Canners, Inc. hereinafter referred to as respondent "Canners " is a membership corporation organized and existing under the laws of the State of vVashington, with its principal offce and place of business located at 304 Spring Street, Seattle 4, vVashington. Respondent, its offcers directors, and members are herein named and made parties respondent to this proceeding.

The following corporations and individuals, with the possible ex. ceptions hereinafter set forth in Paragraph 3, were members of respondent Canners as of December 1954, and based on information and belief, each has continued such membership. Therefore, because of that present or past status, and the acts, practices and policies in which they participated, either as members of saiel Canners, or in cooperation or conjunction with the other respondents, as hereinafter set forth, each such respondent member is also named herein and made a party respondent inclividnal1y. :Each sllch respondent members of respondent Canners is described as follows: Respondent Alaska Packers Association is a corporation organized and existing under the laws of the State of California, with its principal offce and place of business 10eater1 at 215 Fremont Street, San Francisco. California.

Respondent .American Packing Company is a corporation organized and existing under the laws of the State of 'Vashington, with its principal offce and place of business located at 711 Second Avenue Building, Seattle 4, 'Vashington.

Respondent Burk Canning Company, Inc., is a. corporation organized and existing under the laws of the State of 'Vashington, with its principal office and place of business located in I3cllingham, washington.

Respondent Jay F. Carron is an individual doing business as Anacortes Canning Company, ,with his principal offce and place of business located at Anacortes, 'Vashington. Respondent Columbia H.ivcr Packers Association, Inc. , is a corporation organized and existing under the laws of the State of Oregon, with its principal offce and place of business located in Astoria, Oregon.

Respondent Dressel.Collins Fish Company is a corporation organized and exist.ing under the lay\s of the State of Washington, with , .

PUGE'l SOl, D SALMON CANNERS , INC. , ET AL. 1253 1251 Complaint its principal oflice and place of business located at Pier 67, Seattle 1 'Vashington.

Respondent Farwest Fishermen, Inc., is a corporation organized and existing under the laws of the State of Oregon, with its principal offce and place of business located in the Central Building, Third Avenue at Columbia Street, Seatte 4, "lVashington. Respondent Fishermcn s Packing Corporation is a corporation organized and existing under the laws of the State of vVashington with its principal offce and place of business located at Anacortes Washington.

Respondent Fridity Harbor Canning Company is a corporation organized and existing under the laws of the State of vVashingt.on with its principal offee and pl LCe of business located at Friday Harbor, vVashington.

Respondent K ew England Fish Company is a corporation organized and existing under the Jaws of the State of Washington, with its principal oflice and place of business located in the Exchange Build. ing, First Avenue and 1arion Street, Seattle 4, "\Vashington. Respondent Pacific American Fisheries, Inc. , is a corporation organized under the laws of the State of "lVashington, with its prin. cipal notice and place of business located at 401 J-Iarris Avenue Ee.Ilingham vYashington.

Respondent Sebastian-Stuart Fish Company is a corporation organized and existing under the la'\vs of the State of "\Vashingtoll, ,with its principal offce and place of business located at Pier 24, Seattle 4 vVashington.

Respondent vVashington Fish & Oyster Company, Inc., is a corporation organized and existing under the laws of the State of washington, with its principal.l offce and place of business located at Pier , Seattle 4, Washington.

Respondent vVhiz Fish Products Company is a corporation organized and existing under the laws of the State of vYashington, with its principal offce and place of business located at 2000 Alaskan vVay, Seattle 1 , vVashington.

The other respondents are:

Respondent Purse Seine Vessel Owners Association is a non-profit membership corporation organized and existing under the laws of the State of "\Vashington, with its principal offce and pla.ce of business located at 5:301 Xorth Ruby Street, Tacoma, vVashington. Respondent Local X o. :3 , Fishermen & Allied VV orkers Division International Longshoremen & "\Varehousemen s Union is an lllincorporated association, with its principal offce and place of business located at 84 Union Street, Seattle 1, vVashington. 1254 FEDERAL TRADE CO::L\IISSIOX DECISIOKS Complaint 52 F. T. C.

PAn. 2. llesponc1ent Canners \Y/lS organized in the year 1940 and is a trade association composed of packers, canners, and processors of sahl10n caught in Puget Sound and adjacent areas of the State of Washington. The membership of respondent Canners changes from year-to-year. On or about December 1, 1954, there were 14 members of respondent Canners who represent a great majority, if not all, of the cOlllpanies engaged in the processing, canning and packing of salmon in the Puget Sound area.

Therefore, the respondent members of respondent Canners, acting in conjunction with respondent L"union in the manner hereinafter set forth, have the ability to, and do, control the prices at which various types and grades of raw salmon caught in the Puget Sound and adjacent areas in the State of l'Vashington are purchased and sold. PAR. 3. All of the corporations and individuals, hereinbefore described in Paragraph 1 as "members" of respondent Canners, are engaged in the business of maintaining and operating canneries in the Puget Sound area of the State of IVashington, where salmon caught in the waters of Puget Sound and adjacent areas are processed, canned and packed by said respondent members of respondent Canners. Respondent American Packing Company claims it withdrew from membership in respondent Canners in 1951; respondent Friday Harbor Canning Company claims to have resigned in June 1954 and respondent Pacific American Fisheries, Inc., claims it hfls not been a member since 1950. l'With these three exceptions, aJl the other corporations and individuals hereinbefore described as members of respondent Canners held such membership as of December 1954. Respondents American Packing Company, Friday IIarbor Canning Company a,nd Pacific An1erican Fisheries, Inc., were, members of respondent Canners during periods when said respondent Canners and its members participated in the understandings, agreements, conspiracies and planned common courses of action, as hereinafter set forth, and regardless of whether they were members or not in December 1954 they have nevertheless aided and abetted and participated in one or more of the wrongful acts and practices hereinafter alleged. Each of said respondents, incl1lc1ing respondents American Packing Company, Friday Harbor Canning Company and Pacific American Fisheries, Inc., has authorized, participated in, adopted, confirmed, or othenvise ratified, as members of respondent Canners and/or individually, one or more of the acts, practices and policies of said respondent Canners or of others of its members, as hereinafter set forth.

PAR. 4. Respondent Purse Seine Vessel Owners Association, hereinafter referred to as "respondent Ownerst is an organization con. PUGET SOUND SALMON '"ERS IXC.) ET AL. 1255 )251 Complaint sisting of the owners of about 150 Purse Seine vessels, engaged in the fishing for salmon in the waters of Puget Sound and areas adjacent thereto. The said owners own or control approximately 600/0 of all of the vessels engaged in such endeavors. Substantially all of the salmon caught by the said vessels is sold to respondent members of respondent Canners for processing, canning and packing. Some of respondent members of respondent Canners, directly or indirectly, own or have mortgages on some of the Purse Seine vessels engaged in fishing for salmon in the Puget Sound area. But regardless of such ownership or mortgage rights, the fishermen who form the crews of such vessels are not considered, or dealt with, as ployees of respondent members of respondent Canners, who generally make no attempt to direct where or when such vessels shall fish, or to supervise their operation.

PAR. 5. Respondent Local No. , Fishermen & Alled Workers Division, International Longshoremen & 1Varehousemen s Union, herein referred to as "respondent Union " is now and at all times herein 1nentioned has been engaged in transacting business on behalf of its members, including fishermen engaged in fishing for salmon in the Puget Sound and adjacent areas, on the vessels belonging to or controlled by members of respondent Owners; said Union, acting in conjunction with respondent Canners and/or respondent members of respondent Canners and/or members of respondent Owners, does, in the manner herein set forth, control the prices at \which such raw salmon is purchased and sold.

PAR. 6. Each of the respondents herein named has, directly or indirectly, participated in, approved or adopted one or more of the a,jleged illegal acts and practices hereinafter set forth. PAR. 7. The fishing for, and the canning of, salmon caught in the Puget Sound area is one of the most important business enterprises in that territory. In 1952 the value of the salmon pack from this area was approximately $5 000 000. In 1954, approximately 400 000 cases (a case contains 48 one-pound cans) of salmon eaught in the Puget Sound area, were packed and canned, having an estimated total whoJcsale value of about $12 000 000.

PAR. 8. In the course and conduct of their respective businesses respondent members of respondent Canners purchase, directly or indirectly, the raw sahnon caught by the fishermen members of respondent Union in the waters of Puget Smmd and areas adjacent thereto, from said fishermen members of respondent Union and/or from members of respondent Owners; after such purchase said respondent members of respondent Calmers process, can and pack said salmon and thereafter sell large quantities of same to purchasers 1256 FEDERAL TRADE lllISSIO:l'" DECISIONS Complaint 52 F.

thereof located throughout the United States, ltnd cause said salmon when thus sold, to be transported from the Puget Sound area of the Stltte of "I'Vashington to purchasers located in States of the lJnited States other than the State of 'Washington. Said respondent members of respondent Canners, as wen as the fishermen members of the respondent Union and the members of respondent Owners maintain, and at an times mentioned herein have maintained, a regular course or current of trade in commerce in salmon between the Stltte of "I'Vashington and the various States of the United States, and among and between the several States of the United States.

The respondents, Canners; "Gnion and Owners, have bee.n and arc media by which respondent members of respondent Canners, fishermen members of respondent -cnion and members of respondent Owners have committed and performed, and are committing and performing, in commerce, the alleged illegal acts, practices and policies hereinafter set forth.

All of the respondents named herein have been, and are nmv, engaged in commerce in the sale and distribution of salmon as "commerce ' is defined in the Federal Trade Commission Act. PAIL 9, R.respondent members of respondent Canners, in the course and conduct of their respective businesses of purchasing salmon from the fishermen members of respondent "Gnion and/or members of respondent Owners, are in substantial competition, except as such competition has been restrained, lessened or eliminated, as hereinafter alleged, with each other ltnd with others engaged in the same type of business, in so purchasing raw salmon caught in the Puget Sound area. In the course and conduct of their respective businesses, the members of respondent Owners like,vise are in competition with each other and with others engaged in the same type of business in negotiating for the sale and in selling to respondent members of respondent Canners salmon caught by fishermen members of respondent Union in the waters of the Puget Sound area, except insofar as such competition has been lessened or eliminated, as hereinafter alleged. The fishermen members of respondent Union would be in competition one with the other and with fishermen who are not members of respondent linion in the sale of salmon caught in the Puget Sound area, ,were it not for the understandings, agreements, combinations conspiracies and planned common courses of action herein set forth. PAR. 10. The fishermen members of respondent Union who catch the raw salmon in the Puget Sound area usually are employed by the skippers of the vessels, which, in turn, are owned by members of respondent Owners.

PUGET SOUND SALMON CANNERS , INC' ET AL. 1257 1251 Complaint The respondent Union enters into contracts or agreements with respondent Owners and/or members of respondent Owners wherein are specified the compensation, working conditions, etc., of the members of respondent Union who fish in the Puget Sound area on the boats of l1mnbers of respondent OVlrners. The com pensation provided for in any such contracts or agreements is based upon the prices paid by respondent members of respondent Canners to members of respondent Owners in accordance with the contracts or agreements entered into by and between respondent Union and respondent Canners and/or respondent members of respondent Canners.

The members of respondent Owners enter into contracts, agreements, or arrangements 'with respondent members of respondent Canners, which are eit.her \written or oral, whereby said members of respondent O"'ne1's seu the fish caught by the fishermen members of respondent Union to said respondent members of respondent Canners. Thus, there are involved three contrads or agreements: (1) between the respondent Union and the respondent Owners and/or members of respondent O\vners, which are known in the trade as "working agreements; (2) between respondent Union and respondent Canners and/or respondent members of respondent Cn,nners, which are known in the trade as "salmon agreements; (3) bebveen members of respondent O\\'ners and respondent Canners and/ or respondent members of respondent Canners.

Respondent Union also enters into contracts with respondent Can ners and/or respondent members of respondent Canners wherein there are fixed and set forth the wages and working conditions of the nonfishermen members of respondent Union who work in the canneries of respondent Inembers of respondent Canners. This arrangement has been in existence at least since 1949. PAR. 11. "I'Vorking agreements, which have been in effect for the Jast several years or at least since 1950, provide in part as follows: 2. The shares for salmon purse seining for all fish caught arid delivered shall be as follmvs:

A. Share for boat seine and gear after deduction of gross stock expenses li '" 'I : (1) For vessel having a crew of nine (9) men, including skipper, or less, 33%%.

(2) For vessel baving it crew of ten (10) men, including skipper 30.70/. B. The remaining portion shall be divided equally among- the crew, including the Captain.

This contract also provides:

6. No contract wil be entered into by the owner. wlth any cannery or reduction plant regarding prices or sale of fish or any other manners affecting the working conditions of the crew or their remuneration inconsistent with this 1258 FEDERAL TRADE COMMSSION DECISIONS Complaint 52F.

Agreement, unless said contract is approved by the Union and to which said contract the Union or its authorized agent becomes a contracting party ill interest.

The contract further provides:

16 A. In the event that any Company or companies shall terminate the price agreement by the submission of 48-hour notice to the Union, then the Union may call special emergency mass meeting of the membership at the termination or said 48-hour notice. The Captain shall bring the vessel to port and release the entire crew in suffcient time for the members to attend said meeting. B. 'l'liere shall be no work on a seine or gear by the crew until twenty (20) days prior to the date of embarkation nor until the Working Agreement has been signed except with specific permission of the Union. No boat shall be allowed to leave for the fishing grounds nor shall any cre\v move any vessel from the home port of the vessel unti the Price Agrcement has been signed. Any vessel violating this section shall be declared unfair. The contract tially provides that the contract shall remain in effect continuously unless terminated by either party by written notice. PAR. 12. The salmon agreements which have been in eflect for the last several years, at least since 1950, fixes the minimum fish prices for the various types or species of salmon caught and sold in the Puget Sound area for the fishing season covered by the particular Saln10n Agreement.

PAR. 13. For many years last past, and more particularly since 1949, respondent members of respondent Canners, from the date of their affliation with respondent Canners, by means of and through respondent Canners, and also by and through their individual acts have entered into, maintained and effectuated an understanding, agreement, combination, conspiracy to pursue, and they have pur. sued, a planned common course of action between and among thenl. selves to adopt and adhere to certain acts, practices ancl policies to hinder and suppress competition between and among themselves and with others in the purchase, sale and distribution of salmon caught in the Puget SOlmd area, in commerce, between the State of Washington and the several states of the United States. PAR. 14. Pursuant to, and in furtherance of said understanding, agreement, combination, conspiracy and planned common course of action, respondent members of respondent Canners have acted in concert and in cooperation with each other, individually and through and by means of respondent Canners, and also ,with respondent lJ union to do, among others, the following acts and practices: (1) To determine and fix, and they have determined and fixed, and are stil determining and fixing, the minimmn purchase prices which each of said respondent members of respondent Canners, as well as the entire Puget Sound sahnon industry, is to pay and has paid to PUGET SOUND SALMOK CA1\""ERS, IKC. , ET AL. 1259 1251 Complaint the members of respondent O-owners, or to the captains of the vessels of such members of respondent Owners, or directly or indirectly to the fishermen lllembers of respondent Union or to others, for the various types or species of salmon caught in the waters of Puget Sound and adjacent areas, which together are sometimes referred to herein as the "Puget Sound area (2) To prevent and eliminate, and they have prevented and eliminated, and are still preventing and eliminating, any and all price competition between and among said respondent members of respondent Canners in the purchase of such salmon; (3) To eliminate and prevent, and they have eliminated and prevented, and are still eliminating and preventing any and all competi tion as to the minimlil1 prices to be paid in the purchase of salmon between respondent members of respondent Canners and others who also purchase raw salmon in the Puget Sound area for processing, packing, canning and shipping same in commerce between and among the various States of the united States.

PAR. 15. For many years last past, and more particularly since 1949, respondent CanncTs, respondent members of respondent Canners, acting individually and/or by or through respondent Canners respondent Owners and respondent Union have entered into, maintained and effectuated an understanding, agreement, combination and conspiracy to pursue, and they have pursued, a planned common course action to adopt, fix and adhere to certain acts, practices and policies to hinder and suppress competition in the purchase, sale and distribution of salmon, caught in the Puget Sound area, in commerce between the State of 'Washington and the several States of the United States.

PAR. 16. Pursuant to and in furtherance of said understanding, agreement, combination, conspiracy and planned common course of action, each of said respondents has acted in concert and cooperation with one or more of the other respondents to do, among others, one or more of the following acts and practices: (1) To determine and fix, and they have determined and fixed, and arc still determining and fixing the minimum fish prices which the fishermen members of respondent "Cnion receive for the sale to respondent members of respondent Canners of the various species of raw salmon caught by said iishermen in the Puget Sound area. (2) To eliminate, ancl they have eliminated, and are stil eliminating, any and a11 competition between and among the fishermen members of respondent Union in the saJe by them of the sahnon which they catc.h in the Pnget Sound area; 1260 FEDERAL TRADE CO nlISSION DECISIONS Complaint 52 F. T. C. (3) To eliminate, and they have eliminated, and arc still eliminating, all competition in the sale to respondent members of respondent Canners of fresh or raw salmon caught in the Puget Sound area; (4) To adopt and maintain, and they have adopted ancl maintained and are still adopting and maintaining, an arrangement whereby respondent Union enters into contracts or agreements, known as salmon agreements " with respondent Canners and/or one or more of respondent members of said respondent Canners, whereby the minimum fish prices for each type or species of raw salmon caught in the Puget Sound area are fixed and determined for the fishing season covered by such contract or agreement;

(5) To prevent, and they have prevented, and are still preventing, fishermen from selling the salmon, which they have caught in the Puget Sound area, to respondent members of respondent Canners at priess lower than those fixed and set by such salmon agreements ,which are entered into by and between respondent Canners and/or respondent members of respondent Canners and respondent Union; (6) To enter into, and they have entered into, and are still entering into, an arrangement or understanding whereby respondent O"\vners and/or members of respondent Owners, acting individually or through and by means of respondent Owners, and respondent union enter into agreements or contracts known as "working agreements whereby and wherein are fixed and determined, in the manner and by the method herein described, the "wages" of fishermen members of respondent Union for the period covered by such contracts or agreements;

(7) To enter into, and they have entered into, and arc still entering into, an arrangement or understanding whereby the result and effect of such working agreements by and between respondent Owners and lor members of respondent Owners and respondent Union have been, and are, that the members of respondent Owners arc restrained and prohibited from using their vessels to fish for salmon in the Pllget Sound area until and unless respondent Canners andlor respondent members of respondent Canners have agreed with respondent union, by means of executed salmon agreements, upon the prices which respondent members of respondent Canners will pay to members of respondent Owners for the various types of species of salmon eaught in the Puget Sound a.rea by fishermen members of respondent Union;

(8) To prevent, and they han prevented, and are still preventing, a.ny raw salmon from being caught or sold in the Puget Sound area until and unless a ,working agreement or agreements between the respondent Union and respondent 0'1'ners and/or members of 1'0- PUGET SOel\"'D SALMON CA- NERS , 11\C' ET AL. 1261 1251 Decision spondent Owners have been duly executed for the then current season, and also until there has been executed a salmon agreement or agreements bet\",een respondent Union and respondent Canners and/or respondent members of respondent Canners for the then current season whereby the minimum - prices for the purchase and sale of all types or species of raw salmon caught in the Puget Sound area have been fixed and established.

PAR. 17. The capacity, tendency and efiect of the aforesaid undertanding-s, agreements, combinations, conspiracies and planned common courses of r"ction and the acts, policies, practices and things done t.hereunder and pursuant thereto by the respondents, as hereinbefore set forth, have been, and are now, to unlavdully restrict, restrain and hinder the catching or production of salmon in the Puget Sound area and have been, and are now to unlawfully restrict, restrain, hinder and prevent price competition between and among the respondent n1em bel's of respondent Canners, between nncl among the fishermen l11embers of the respondent 1;union, and between rmc1 among the members of respondent 0\Vne1' , in the purchase and sale of the various types or species of salmon caught ill said area, in interstate commerce within the intent and meaning of Section;) or t.he Fcclert\,l Trade Commission Act.

PAR. IS. In 1.1dclition to the eHeets hereinbefore set forth, the understandings, agreements, combinations, conspiracies and planned common courses of action of the respondents ancl the acts, practices and policies of the respondents likewise have the capac.it.y and tendency to substant.ially incre,ase the cost. of iooa by their effect on the prices which the public is required to pay for salmon caught in the Puget Sound area and sold in commerce, as aforesaid. PAIL lD. The acts and practices of the respondents, an and singularly, as llfreinbefore set forth are to the prejudice and injury of the public ilncl constitute unfair acts and practices and unfair lnethods of competttion within thc intent and meaning of Section 5 of the Federal Trade Commission Act.

INlTL\L DECISION AS TO CEHTAIX RESPONDr: TS BY WILLL\?I L. PACK HEARING EX \l\liner The complaint in this matter charges the respondents with entering into n combination in restraint of trade in violation of the Federal Trade Commission Act. An agreement has now been entered into by counsel supporting the complaint and certain of the respondents Alaska rackers Association, American Packing Company, Burk Canning Company, Inc., Columbia River Packers Association, Inc. Dressel-Collins Fish Company, Farwest Fishermen, Inc., Fishermen 451524--59-- 1262 FEDERAL 1'TRADE COMMISSION DECISIONS Decision 52 P. T. C. Packing Corporation, Friday Harbor Canning Company, New England Fish Company, Pacific L\1nerican Fishe.ries, Inc. , Sebastian- Stuart Fish Company, "Washington Fish and Oyster Company, Inc. and "I'Vhiz Fish Products Company, Inc. (referred to in the complaint as "Whiz Fish Products Company), which agreement provides, among other things, that said respondents admit all of the jurisdictional alleglttions in the complaint; that as to that part of this proceeding which is disposed of by the agreement the answer of each of said respondents to the complaint shall be considered as having been withdrawn and that the record insofar as it pertains to said respondents on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and agreement; that as to that part of the proceeding which is disposed of by the agreement each of said respondents waives any further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conclusions of la- , and all of the rights each of said respondents may have to challenge or contest the validity of the order entered in accordance with the agreement; that the order hereinafter set forth may be entered in disposition of the proceeding a,s to said respondents ouch order to have the same force and effect as if entered after a full hearing; that the order may be altered, modified or set aside in the manner provided for other orders of the Commission; and that the agreement is for settlement purposes only and does not constitute an admission by any of said respondents that it has violated the law as alleged in the complaint.

The hearing examiner having c.considered the agreement and proposed order and being of the opinion that they provide an a,clequate basis for an appropriate disposition of the proceeding as to said respondents, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued: 1. (a) Re,spondent Alaska Packers Association is a corporation organized and existing under the laws of the State of California with its principal offce and place of business located at 215 Fremont Street, San Francisco, California.

(b) Respondent American Packing Company is a corporation organized and existing under the laws of the State of "Washington with its principal offce and place of business located at 711 Second Avenue Building, Seattle 4, \Vashington.

(c) Respondent Burk Canning Company, Inc. , is a corporation organized and existing under the laws of the State of Washington with its principal offce and place of business located in Bellingham "I'Vashington.

(j)(q) ,, , PUGET SOUND SALMON C 'NERS , INC., ET AL. 1263 1251 Decision (d) Respondent Colmnbia River Packers Association, Inc. , is a corporation organized and existing under the laws of the State of Oregon, with its principal offce and place of business located in Astoria, Oregon.

(e) Respondent Dressel-Collns Fish Company is a corporation organized and existing under the laws of the State of yVash:ington with its principal offce and place of business located at Pier 67 Seattle 1 Washington.

(f) Respondent Fanvest Fishermen, Inc., is a corporation organized and existing under thc laws of the State of Washington (incorrectly stated in the complaint as the State of Oregon) with its principal offce and place of business located in the Central Building, Third Avenue at Columbia Street, Seattle 4, "I'Vashington. Respondent Fishermen s Packing Corporation is a corporation "\Torganized and existing under the laws of the State of ashington with its principal offce and place of business located at Anacortes Washington.

(h) Respondent Friday Harbor Canning Company is a corporation organized and existing under the laws of the State of \Vashington with its principal offce and place of business located at Friday Ha,rbor, ",Vashington.

(i) Respondent New England Fish Company is a corporation organized and existing under the laws of the State of Maine (incorrectly stated in the complaint as the State of "lVashington), with its principal offce and place of business located in the Exchange Building, First Avenue and Iarion Street, Seattle 4 Washington. Respondent Pacific American Fisheries, Inc., is a corporation organized under the laws of the State of Delaware (incorrectly stated in the complaint as the State of "I'Vashington), with its principal offce and place of business located at 401 Harris Avenue, Bellngham Washington.

(1c) Respondent Sebastian -Stuart Fish Company is a corporation organized and existing under the laws of the State of Washington with its principal offce and place of business located at Pier 24 Seattle 4 Washington.

(I) Respondent "lVashington Fish & Oyster Company, Inc., is a corporation organized and existing under the la\vs of the State of Washington, with its principal office and place of business located at Pier 54, Seattle 4, "lVashington.

(m) Respondent "I:Yl1iz Fish Products Company, Inc. (incorrectly designated in the complaint as 'iVhiz Fish Products Company) is a corporation organized and existing under the laws of the State of 1264 FEDERAL TRADE co:::-nSSION DECISIONS Order 52 F.

Washington with its principal offce and place of business located at 2000 Alaskan Way, Seattle 1, Washington.

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

ORDER It is ordered That respondent.s Alaska Packers Association, Ameri can Packing Company, Burk Canning Company, Inc. , Colmnbia River Packers Association, Inc. , Dressel-Collins Fish Company, Farwest Fishermen, Inc., Fishermen s Packing Corporation: Friday Ilarbor Canning Company, Ne,v England Fish Company, Pacific American Fisheries, Inc. , Sebastian-Stuart Fish Company, Washington Fish and Oyster Company, Inc. , and "lVhiz Fish Products Company, Inc., who shall be deemed herein to be parties respondent their respective offcers, agents, representatives and employees, directly or through any corporate or other device, in connection \with the purchase, or offering to purchase, in commerce, as "commerce " is defined in the Federal Trade Commission Act, of ran' or fresh salmon caught in the fishing area of Puget Sound, do forthwith cea,se and desist from ent.ering into, continuing, cooperating in or carrying out any planned common and concerted course of action, understanding or agreement bet"Iecn any two or more of said respondents, or bet"\veen anyone or more of said re,sponclents and others not parties hereto, to do or perform any of the follo"Iing acts: 1. Entering into or carrying out, or attempting to enter into or ca,rry 011t any " salnlon agreement" as defined and explained in the complaillt herein, or lln)' other contract, agreement or understanding having the same or sirniJar provisions:

2. Fixing, establishing, adopting, maintaining or a.dhering to, or attempting to fix, establish, adopt, ma.intain or cause adherence to by any me U1S or method any price at which raw or fresh salmon is to be purchased or sold;

3. Jointly or col1ec6very negotiating, bargaining or agreeing by any means or method as to the price or prices at which said nnv or fresh salmon is proposed to be, or is, purchased or sold; 4. Authorizing or empowering any association, group, corporation or union to negotiate, bargain or agree as to t.he prices to be paid in the purchase or sale of any sllch raw or fresh salmon; Provided: lwwe'ver That nothing herein contained shall be eon strueel or interpreted as preventing or prohibiting any respondent named herein, individually, from purchasing or selling, or bargaining PUGET SOUND SALMON CANNERS, INC. ) ET AL. 1265 1251 Decision for the purchase or sale of such salmon with any boat owner, boat captain, or any other single seller or buyer. Prol,ided further That nothing herein contained shall prevent any association of bona fide salmon fishermen, acting pursuant to or in accordance with the provisions of the Fisheries Cooperative Marketing Act (15 U. A. Sections 5m and 522) from performing any of the Rcts and practices permitted by said Act; and Prol,ided further That nothing herein contained shall be deemed to prohibit one or more of the respondents herein from entering into or continuing a bona fide partnership, joint operation, or venture, or consolidation, for the purpose of operating one or nlore canneries and in which the prices of raw salmon are deternlined by said partnership, joint operation or venture, or consolidation, and where such determination is under the contract establishing such partnership, joint, operation, or venture or consolidation, binding upon all members thereof. This proviso shall not be construed as either an approval or disa.approval of any specific partnership, joint operation, or venture or consolidation, nor as permitting any such partnership, joint operation, or venture or consolidation, to be continued or formed for the purpose of or with the effect, directly or indirectly, of rendering ineffective or unenforceable the inhibitions of this order and the purposes thereof.

Provided f'lU'thel" That if the pending proceeding against respondents Purse Seine Vessel OiVn8r5 Association and Local No. , Fishermen &. Allied ,Yorkers Division, International Longshoremen & ,VarehOllscmcn s 1Jnion -is finally terminated in any manner except. by the issuance of an order to cease and desist, either (a) by consent or (b) by final order of the Commission not subject to further review or (c) by order of the Commission, which, although subject to, further review, continues eflective, re,quiring said respondents Union a.nd boat O'owners Association to cease and desist from the same or similar acts or practices provided by the order contained herein, then this order shall termimlte and cease to be of any effect. DECISION OF THE COJ\IJIISSION AND ORDER TO FILE REPORT OF co rPLIANCE 1rsnant to Section 3.21 of the Commission s Rules of Practice, the initial decision of the hearing cxarnincr shall on the 8th day of Iay, 1956, become the decision of the Commission; and, accordingly: 1 t is ordered That respondents Alaska Packers Association, American Packing Company, Burk Canning Company, Inc. , Columbia River Packers Association, Inc., Dressel-Collins Fish Company, Farwest Fishermen, Inc., Fishermen s Packing Corporation, Friday Harbor Canning Company, Kew England Fish Company, Pacific 1266 FEDERAL TRADE COM.'-ISSIO:' DECISIONS Decision 52 F.

American Fisheries, Inc. , Sebastian-Stuart Fish Company, 'Washington Fish and Oyster Company, Inc., and "lVhiz Fish Products Company, Inc., 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 the order to cease and desist.

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HERE A RUBI STEIN, INC. 1267 Complaint