The Texas Company

Text (OCR of the scan at left; may contain errors)

In THE MaTrerR OF THE TEXAS COMPANY ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2(a) OF THE CLAYTON ACT Docket 4391. Complaint, Nov. 29, 1940—Order, Apr. 3, 1957 Order dismissing complaint—issued Nov. 29, 1940, and held in abeyance pending settlement of the Standard Oil case—charging a refiner with selling its gasoline in the Detroit area to two large buyers at lower prices than it charged its more than 80 other Detroit retailer customers. Mr. Edward L. Creel, Jr. and Mr. J. Wallace Adair for the Commission.

Mr, Albert FE. Van Dusen, Mr. Harry T. Klein and Mr. James T. Nielsen, of New York City, for respondent. ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE It appearing that the complaint in this proceeding was issued November 29, 1940, and that the acts and practices alleged to have been unlawful all occurred more than sixteen years ago; and It further appearing that trial of the case has been held in abeyance pending final disposition of the proceeding in the matter of Standard Ou Company, Docket No. 4889, which proceeding is now before the United States Supreme Court for the second time; and The Commission being of the opinion that irrespective of the final outcome of said proceeding in the matter of Standard Oil Company, Docket No. 4889, it will not now be practicable to try the issues raised by the pleadings in this case; and, accordingly: It is ordered, 'That the complaint herein be, and it hereby is, dismissed, it being understood, however, that no decision has been made on the merits of the case, and this action is without prejudice to the right of the Commission to conduct a further investigation into the respondent’s business practices and to take such further action against the respondents at any time in the future as may be warranted by the then existing circumstances. SHELL OIL CO., INC. 803 Order