The Elwell-Parker Electric Company
Volume 53 · 53 F.T.C. 226
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The Elwell-Parker Electric Company, 53 F.T.C. 226 (1956). Consumer Law Library, https://consumerlawlibrary.org/decisions/v053-0036
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In THE MatTrer oF THE ELWELL-PARKER ELECTRIC COMPANY ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2(&) OF THE CLAYTON ACT Docket 6829. Complaint, Apr. 15, 1955—Decision, Sept. 6, 1956 Order dismissing, for lack of proof of the effect on competition required by the statute, complaint charging a manufacturer of industrial trucks, with principal place of business in Cleveland, Ohio, with discriminating in price by means of cumulative and non-cumulative quantity discount plans, in violation of Sec. 2(a) of the Clayton Act. Mr. William H. Smith for the Commission. Stage & Butler, of Cleveland, Ohio, for respondent. Inittat Decision Dismisstnc Compiaint By Frank Hier, Hoearrnc Examiner ‘ Counsel in support of the complaint in this proceeding, having moved, before any evidence taken, to dismiss the complaint without prejudice, on the ground that he is unable to prove the effect on competition prescribed by the statute under which the complaint is brought, and nothing to the contrary appearing, and counsel for respondent obviously having no objection, said motion is granted, and, accordingly, it is ordered, That the complaint herein be, and the same hereby is, dismissed without prejudice.
DECISION OF THE COMMISSION Pursuant to Section 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 6th day of September, 1956, become the decision of the Commission. Commissioners Gwynne and Mason not participating. LEWIS-SHEPARD CO. ET AL. 227 Decision