William Manis Company

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IN THE :MA TTER OF 'VILLIA~1 MANIS COl\1P ANY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2 (c) OF THE CLAY1'ON ACT Docket 8215. Complaint, Dec. 8, 1960-Decision, Sept. 22, 1961 Consent order requiring a Tampa, Fla" distributor and broker of citrus fruit and produce to cease violating Sec, 2(c) of the Clayton Act by accepting from Florida suppliers unlawful brokerage on its own purchases for resale, such as a discount at the rate of 10 cents per 1 % bushel box or a lower price reflecting such commission.

COMPLAINT The Federal Trade Commission, having reason to believe that the party respondent named in the caption hereof, nnd hereinafter more particularly described, has been and is now violating the provisions of subsection (c) of Section 2 of the Clayton Act, ns amended (D. Title 15, Section 13), hereby issues its complaint, stating its charges with respect thereto as follows:

PARAGRAPH 1. Respondent vVilliam ~1anis Company is a corporation organized, existing and doing business under and by virtue of the Jaws of the State of Florida, with its office and principal place of business located at 350 west HilJsborough A venne, Tampa, Florida. respondent William Manis Company was incorporated on September WILLIAM MANIS, CO. 579 578 Complaint , 1959, but prior thereto the business ,vas operated in a simibr manner by \Yillia1l1l\lanis as a sole proprietorship in Tampa, Florida. PAR. 2. R,respondent is now and for some time past has been engaged in business as a distributor, purchasing citrus fruit and produce for its own account for resale, as well as a buying broker representing buyers in the purchase of citrus fruit and produce for said buyers. A ~mbstantial part of respondent's business is in the purchase, sale and distribution of citrus fruit and produce, hereinafter sometimes re- Jerred to as food products, purchased from packers or sellers located in the State of Florida.

P AU. 3. In the course and conduct of its business for some time past but more particubrly since September 24, 1959, in purchasing food products for its own account, or for the account of buyers represented by respondent, respondent has directly or indirectly caused such food products when purchased and sold to be shipped and transported from various packers' pncking plants or places of business located in the State of Florida, as well as in other states, to respondent or to respondent' s customers located in many states other than the state in which the shipment originated. Thus for some time past, respondent has been and is now engaged in a continuous course of trade in commerce, as "commerce" is defu1ed in the aforesaid Clayton Act, as amended.

PAR. 4. In the course and conduct of its business in commerce, as aforesaid, for some time past but more particular.rly since September , 1959, to the present time, respondent has made, and is now making, numerous and substantial purchases of citrus fruit and other food products for its own accOlmt, for resale, from various packers or seJJers, on which purchases said respondent has received and accepted and is now receiving and accepting, directly or indirectly, from said packers or sellers, something of value as a commission, brokerage or other compensation, or an allowance or discount in lieu thereof. many instances respondent has received a lmver net price which reflected the allowance of said commission or brokerage, or a discount in lieu thereof, in connection with said purchases. Further, respondent has in numerous transactions represented the buyer as the buyer s agent in connection with the purchase of citrus fruit or other food products but received a brokerage or commission or a discount in lieu thereof, from the sener' on said purchase transactions.

PAR. 5. The acts and practices of respondent in receiving and accepting from the seller a brokerage or commission, or an aJ1owance or discount in lieu thereof, on its own purchases, or on purchases for a buyer where respondent was acting for or on behalf of said buyer in said transaction, as hereinabove alleged and described, are in viola- Order 59 F.

tion of subsection (c) of Section 2 of the Clayton Act, as amended (D. C. Title 15, Section 13).

DECISION AND ORDER This matter having come on to be heard by the Comj11ission upon record consisting of the Commission s complaint charging the respondent named in the caption hereof with violation of subsection (c) of Section 2 of the Clayton Act, as amended, and an agreement by and between respondent and counsel supporting the complaint, ,which agreement contains an order to cease and desist, nn admission by the :r:respondent of all the jurisdictional facts alleged in the complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that it has violated the law ns alleged in the complaint, and waivers nnd provisions as required by the Commission s rules; find The Commission having considered the agreement and order contained therein nnd being of the opinion that the agreement provides an adequate basis for appropriate disposition of the proceeding", the agreement is hereby accepted, the following jurisdictional flnc1ings a l'e made, and the following order is entered: 1. Respondent ,Yilliam ~1anis Company is a corporation existing and doing business lmder and by virtue of the In"-s of the. State of Florida, with its office and principal place of business located at 3;10 ,Vest. I-lil1sborough Avenue, in the City of Tampn, State of Florida, the. su hied 2. The Federal Trncle Commission has jurisdiction of matter of this proceeding nnd of the respondent. ORDER It is oTClel'ecl That respondent ,Villiam :Jlanis Company, n corporation, and its office.ers, agents, represen tatlVE'S, nnd employees, directly the pu r-or through any c.corporate or other device, in connection ,,-ith chase of citrus fruit or produce in COlmnerce, ns "commerce.e" is defined in the Clayton Act, ns amended, do forthwith cease and desist from: Receiving or nceepting, directly 01' indirectly, from any seller. nnything of value as a commission, brokerap-e, 01' other compensation, 01' any al1owanc.e or discount in lieu thereof, upon or in connection \\"iih any purchase of citrlls fruit or produce for respondent's 0\"11. nc-cO1mt or where respondent is the agent, representation' , or other intermedinry acting for or in behalf, or is subject to the direct or indirect control of nny buyer.

I tis fu)'t hci' 07'dc?'cd. 1'hn t the respondent herein shn 11 , \"i1h111 ~i xty (60) clays niter service upon it of this order, file \"ith the Commission a report, in \writing setting forth in detail tlJe nwnner and form in \which it has complied \"ith tllis order, , USEN CANNING CO. 581 Complaint