Mission Citrus Growers, Inc.

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

,yhlch it has complied wit.h this order.

Ix Tile L\' n'FR OF C\IISSIOK CITRUS GROWERS, IXC.

cox SENT ORDI' , ETC. , IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2 (c) OF THE CLA YTOK ACT Docket C-69. Complaint, Feb. 1962-Decision, Feb. , 1962 Consent order requiring packers of citrus fruit in :\iission, Tex., sellng through brokers, retailers, and commission merchants, to cease violating Sec. 2(c) of MISSION CITRUS GROWERS , INC. 245 244 Complaint the Clayton Act by paying a commission or brokerage on a large number . sales made to brokers and other direct buyers purchasing for their own accounts for resale.

CO:1H' L.UNT The Federal Trade Commission, having reason to believe that the party respondent named in the caption hereof, and hereinafter more particularly described, has been and is now violating the provisions of subsection (c) of Section 2 of the Clayton Act, as amended (U. Title 15, Sec. 13), hereby issues its complaint, stating its charges with respect thereto as follows:

PAIL".GRAPH 1. Respondent J\Iission Citrus Growers, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of Texas, with its offces and principal place of business located at 824 west 10th Street, Mission, Tex., with mailing address as P.O. Box 328, )lission, Tex.

PAR. 2. Respondent is now and for the past several years has been engaged in the business of paeking, selling and distributing citnls fruit, such as oranges, t.angerines and grapefruit, all of which are sometimes referred to as citrus fruit products. ltespondent sells and distributes its citrus fruit through brokers, ret.ailers, commission merchants, as ,yell as direct, to customers Jocatedill many sections of the United States. \1'l.len brokers are utilized in making sales for it respondent pays them for their services nsuaJly at the rate of 10 cents pcr 1% bushel box, or the equivalent. Hespoudent's annual volume of business in the saJe and distribution of citrus fruit is substantial. .'R. 3. In the course and conduct of its business over the past sevcrnl years, respondent has sold and distributed a.nd is now selling and distributing its citrus fruit in commerce, as "commerce" is defined in the aforesaid Clayton Act, as amended, to buyers located in the several states of the United States other than the State of Texas in which respondent is located. Respondent transports, or causes such citrus fruit, when sold, to be transported from its place of business or packing phmt, or other phces within the State of Texas, to such buyers, 01' to the buyers' customers, located in various other states of the United States. Thus there has been at an times mentioned here,in a continuous course of t,trade in commerce in said citrus fruit across state lines between respondent and the respecti ve buyers of such citrus fruit. PAR. 4. In the course and conduct of its business as aforesaid, respondent has been and is now making substantial sales to some, but not all, of its brokers and other direct buyers purchasing for their own account for resale, and on a large number of these sales respondent paid, .granted or allo\' ec1, and js now paying, granting or a.llowing 719-603--64-- 246 FEDERAL TRADE co=rSSION DE,CISIONS Decision and Order 60 j1 to these brokers and other direct buyers, on their purchases, a commission, brokerage, or other compensation or an allowance or discount in lieu thereof, in connection therewith.

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 (U. C. Title 15, Sec. 13). DECISION AXD ORDER The Commission having heretofore determined to issue its complaint charging the respondent named in the caption hereof with violation of subsection (c) of Section 2 of the Clayton Act, as amended, and the respondent having been served with notice of said determination and with a copy of the complaint the Commission intended to issue, together with a proposed IOT1TI of order; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an .admission by the respondent of all the jurisdictional facts set forth in the complaint to issue herein, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as set forth in such complaint, and waivers and provisions as required by the Commission s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint in the form contemplated by said agreement makes the following jurisdictional findings, and entcrs the following order:

1. Respondent 1:ssion Citrus Growers, Inc., is .a corporation orga- J11zec1, existing and doing business under and by virtue of the laws of the State of Texas, with its offce and principal place of business located at 824. ,Vest 10th Street, Mission, Tex., with mailing address as Post Offce Box 328, l\iission, Tex.

2. The Fec1era-l Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent. ORDER It is ordered That the respondent Mission Citrus Growers, Inc. 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 Clayton Act, as amended, do forthwith cease and desist from:

K. & E. GREE BERG S01\8 , IXC.) ET AL. 247 244 Complaint Paying, granting, or allmving, 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 cmnmission brokerage, or other compensation, or any allowance or discount in lieu thereof, upon or in c01llection with any sale of citrus fruit or fruit products to such buyer for his own account. It ,is further ordered That the respondent herein shall, within sixty (60) days after service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with this order.