The Citrapak Corporation

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has complied with the order to cease and desist. Is THE l\IATTER OF THE CITRAPAK CORPORATION CONSE.xT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2(c) OF THE CLAYTON ACT Docket 8002. Complaint, June 2'1 1960-Decision, May 19, 1961 Consent order requiring a citrus fruit packer in Orlando, Fla., to cease violating Sec. 2 (c) of the Clayton Act by paying brokerage, or its equivalent. to customers making purchases for their own accounts for resale. THE CITRAPAK CORPORATION 893 892 Cornplnint COl\IPLAIKT The Federal Trade Commission, having reason to believe that the party respondent named in the caption here, , and hereinafter more particularly described, has been and is now violating the provisions of subsection (c) Section 2 of the Clayton Act, as amended (U. Title 15, Section 13), hereby issues its complaint, stating its charges with respect thereto as follows:

PAR. 1. Respondent The Citrapak Corporation is a corporation organized, existing and doing business muler and by virtue of the Jaws of the State of Florida, with its offce and principal 'place of business located at Orla-ndo, Florida, with mailing address as Post Offee Box 1961, Orlando, Florida.

PAR. 2. Respondent is now and since January 1 , 1957 has been engaged in the business of packing, seDing and distributing citrus fruit, such as oranges, tangerines and grapefruit, all of which are hereina,after referred to as citrus fruit or fruit products. Respondent sells and distributes its citrus fruit through brokers, as well as direct to customers located in many sections of the United States. When brokers are utilized in making sales for it, respondent pays them for their services a brokerage or commission, usually at the rate of 10 cents per 1% bushel box, or equivalent. Respondent's annual volume of business in the sale and distribution of citrus fruit is substantial.

PAR. 3. In the course and conduct of its business over the past several years, respondent has sold and distributed and is now selling and distributing its citrus fruit in commerce as Hcommerce is defined in the a.foresaid Clayton Act, as amended, to buyers located in the several states of the United States other than the State of Florida, in which respondent is located. Respondent transports, or causes such citrus fruit, when sold, to be transported from its place of business or packing plant in the State or Florjda, or from other places within the State, to such buyers or to the buyers customers located in vnriolls other states of the rnited States. Thus there has been, at all times mentioned here.ill a continuous course of trade in commerce in such citrus fruit across state lines between said respondent and the respective buyers of such fruit. PAR. 4. In the course and conduct of its business as aforesaid respondent has been and is now making substantial sales of citrus fruit to some, but. not alj, of its brokers and direct buyers purchasing for their own account for resale, and on a large number of these sales respondent paid, granted or allowed, and is now paying, granting or allowing to these b1'o11e-18 and othet direct buyers on their &;

894 FEDERAL TRADE COlll\ISSION DECISIONS Decision 58 F.

purchases, a commission, brokerage., or other compensation, or an allowance or discount in lieu thereof, in connection there\with. PAR. 5. The acts and practices of respondent, as above alleged and described, are in violation of subsection (c) of Section 2 of the Clayton Act, as amended (V. C. Title 15, Section 13). Mr. Oecil G. 211iles and Mr. Ernest G. Barnes for the Commission. Gallup Hadley, of Boston, Mass. , by lift. ilartin W. Oohen for respondent.

11I ITIAL DECISION BY VVILLIAM L. PACK, HEARING EXAMINER The complaint in this matter charges the respondent with violation of Section 2(c) of the Clayton Act, as amended. An agreement for disposition of the procecding by means of a consent order has now been executed by respondent and its counsel and counsel supporting the complaint and submitted to the hearing examiner for his consideration. Attached to and made a part of the agreement is a stipulation entered into by the same parties for the purpose of making clear the intent of the complaint and of the proposed order to cease and desist. The word ;' agreement" as used hereinafter win include the stipulation.

The agreement provides, among other things, that respondent admits all of the jurisdictional anegations in t.he complaint; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and the agreement; that the inclusion of findings of fact and conc.usions of law in the decision disposing of this matter is waived, together \with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in disposition of the proceeding, such order to have the same force and effect as if entered after a full hearing, respondent. specifically "aiving any and all rights to challenge or contest the validity of such order; that t.he order may be altered, modified or set aside in the manner provided for other orders of the Commission; that the complaint may be used in eonstruing the terms of the order; and that the agreement is for settlement purposes only and does not constitute an admission by respondent that jt has violated the law as alleged in the complaint.

The hearing examiner having considered the agree,ment and proposed order, and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional flldings made, and the following order issued:

DEERFIELD GROVES COMPA.'I, TKO. 895 892 Syllabus 1. Respondent The Citrapak Corporation is a Florida corporation with its offce and principal place of business located in Orlando Florida, with mailing address as Post OffCB Box 1961 , Orlando Florida.

2. The Federal Trade Commission has jurisdjetion of the snbjeet matter of this proceeding and of the respondent. ORDER It is ordered That the respondent The Citrapak Corporation, a corporation, and its offcers, agents, representatives and employees directly or through any corporate or other device, in connection with the sale of citrus fruit or fruit products in commerce, as "commerce is defined in the aforesaid Clayton Act, do forthwith cease and desist from:

Paying, granting or a.llowing, directly or indirectly, to any buyer or to anyone acting for or in behalf of, or who is subject to the direct or indirect control of such buyer, anything of value as a commission, brokerage, or other compensation, or any allmvance or discount in lieu thereof, upon or in connection ,,,ith any sale of citrus fruit or fruit products to such buyer for his own account. Decislon OF Tile C01.DUSSION AND ORDER TO FILE HEPOTIT OF CO:-IPLIAXCE Pursuant to Section ::.21 of the Commission s Rules of Practice the initial decision of the hearing eXfuniner shall, on the 1 Dth day of Iay 1961, become the (1eeision of the Commission; and, accordingly:

It is ordered That respondent herein shall, within sixty (60) days after service upon it of this order, fie with the Commission a report in writing setting Jorth in detail the lnanne,r and form in which it has complied with the order to cease and desist.