The C. F. Sauer Company

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In Tue Marrer or THE C. F. SAUER COMPANY ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF s8EC. 2(d) OF THE CLAYTON ACT Docket 8312. Complaint, Mfar. 18, 1961—Decision, July 7, 1961 Order dismissing without prejudice complaint charging a Richmond, Va., manufacturer of spices, extracts, mayonnaise, and other items, with making discriminatory advertising allowances to customers in violation of Sec. 2(d) of the Clayton Act.

ft. EF. Cabell, Jr., E'sq., of AMoncure & Cabell, of Richmond, Va., for respondent.

Robert Cutler, E'sg., supporting the complaint. Initrst Decision ny Leon R. Gross, Hearing EXAMINER The complaint in this proceeding issued on March 18, 1961. It. charges respondent with violating §2(d) of the Clayton Act. as amended by the Robinson-Patman Act. Respondent, The C. F. Sauer Company, is a Virginia corporation with its principal place of business at 2000 West. Broad Street, Richmond, Virginia. Respondent now is, and has been, engaged for many years last past in the manufacture, sale and distribution of spices, extracts, food colors, flavorings, mayonnaise, relish, sandwich spread, salad dressing, edible vegetable oils, cough syrup and liniment. Respondent sells and distributes its products to wholesalers and retailers, including retail chain store organizations. Respondent has been and is now engaged in a continuing course of trade in said products in commerce as “commerce” is defined in the Clayton Act as amended. The Federal Trade Commission has jurisdiction over the parties and the subject matter of this proceeding.

At the time the instant complaint was issued, there was and now is in full force and effect a cease and desist order issued by this Commission against. this identical respondent on July 31, 1941, and reported in Volume 38 Federal Trade Commission Decisions, pages $12; 828-829, inclusive. Counsel supporting the complaint. has represented that said cease and desist. order js substantially the same as he would seek in the event he should successfully go to hearing on the present complaint and win this case on the merits. It appears that. the current. complaint does not require an adjudication de novo. Jt is ordered, That this complaint filed in this proceeding on March 13, 1961, against The C. FP. Saner Company of Richmond. Complaint 59 F.T.C.

Virginia, a Virginia corporation, be and it hereby is dismissed, without prejudice to such further action as may be initiated by the Federal Trade Commssion.

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 July 1961, become the decision of the Commission.