Otis Elevator Company
Volume 53 · 53 F.T.C. 229
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Otis Elevator Company, 53 F.T.C. 229 (1956). Consumer Law Library, https://consumerlawlibrary.org/decisions/v053-0039
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In roe Martrer oF OTIS ELEVATOR COMPANY ET AL.
ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2(2) OF THE CLAYTON ACT Docket 63850. Complaint, May 16, 1955—Decision, Sept. 7, 1956 Order dismissing, for lack of proof of the effect on competition required by the statute, complaint charging manufacturers of industrial trucks, with main factory in Cleveland, Ohio, with discriminating in price by means of quantity discounts and rebates, both non-cumulative and cumulative, in violation of Sec. 2(a) of the Clayton Act. Mr. William H. Smith for the Commission. Mr. Fayette S. Dunn, of New York City, for respondents. Initr1au Decision Dismisstne Compiaint By Frank Hier, Hearinc 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 7th day of September, 1956, become the decision of the Commission. Commissioners Gwynne and Mason not participating. Decision 53 B.T.C.