Walter Holding Company

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IN THE ~1A TTER OF ",VALTER HOLDING CO:MPANY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2 ( c) OF THE CLAYTON ACT Docket 0-205. Oomplaint, 11160. 1962-Dec-lsion, Aug. 15, 1962 Consent order requiring a Tampa, Fla., packer of citrus fruit to cease allowing illegal commissions on a large number of sales to direct buyers purchasing for their own accounts for resale.

CO~IPLAINT The Federal Trade Commission, having reason to believe that the party respondent nam.ed 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 (D. Title 15, Sec. 13), hereby issues its complaint, stating its charges with respect thereto as follows:

PARAGRAPH 1. Respondent ",Valter Holding Company is a corporation organized, existing and doing business under and by virtue of the laws of the State of Florida, with its office and principal place of business located in Tampa, Florida, with mailing address as P. Box 8303, Tampa, Fla.

PAR. 2. Respondent is nmv and for the past several years has been engaged in the business of packing, selling and distributing citrus fruit, such as oranges, tangerines and grapefruit, all of which are hereinafter sometimes referred to as citrus fruit or fruit products. Decision and Order 61 F.

Respondent sells and distributes its citrus fruit directly, and in many instances through brokers, to buyers located in various sections of the .United States. 'Vhen brokers are utilized ill making sales, respondent p:lys said brokers for their services a brokerage or commission, usually at the rate of 5 cents per carton or 10 cents per 13/5 bushel box or equivalent. Respondents annual volume of business in the sale and distribution of citrus fruit is f:;ubstantial. PAR. 3. In the course and conduct of its business over the past several ye,ars, respondent has sold and distributed and is now selling and distributing 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 Florida in which respondent is located. Respondent transports, or causes such citrus fruit, ",hen sold, to be transported frolll its place of business or packing plant in the State of Florida, or from other places within said state, to such buyers or to the buyers customers located in vari- ('US other states of the United States. Thus there has been, at all times mentioned herein, a continuous course of trade in commerce in citrus fruit across state lines between said respondent and the respective buyers thereof.

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 al1, of its brokers and direct buyers purchasing for their m,n account for resale, and on a large number of these sales respondent paid, granted or allowed, and is no", paying, granting or allowing to these brokers, and other direct buyers on their purchases a commission, brokerage, or other compensation, or an al1owanee or discount in lieu thereof, in connection therewith. PAR. 5. The acts and practices of respondent in paying, granting or allowing to brokers and direct buyers a commission, brokerage or other compensation, or nn allo"ance or discount in lieu thereof, on their own purchases, as above alleged and described, are in violation of subsection (c) of Section 2 of the Clayton Act, as amended (U. Title 15, Sec. 13).

DECISIO)T AXD ORDER The Commission having heretofore determined to issue its complaint charging the respondent named in the caption hereof with violation of subsection (e) of Section :2 of the Clayton Act, as amended tend the respondent having been served ,,'ith notice of said determination and ,,'ith a copy of the complaint the Commission intended to issue together "with a proposed form of order; and WALTER HOLDING CO. 415 413 Decision and Order 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 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 enters the Iollmying order:

1. Respondent ,Valter Holding Company is a corporation organized existing and doing business under and by virtue of the la \ys of the State of Florida, \with its office and principal place of business located in Tampa, Florida, with mailing address as P. O. Box 8303, Tampa" Fla.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent. ORDER It ls ordel' That the respondent ,Valter Holding Company, a corporation, and its officers, 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 fortlnvith cease and desist from:

Paying, granting, or allowing, 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 \with any sale of citrus fruit or fruit products to such buyer for his o\\'n account.

It 'zslw,thel' onle1'ecl That. the respondent herein shall, within sixty , file ,,-ith the Commission(60) days after service upon it of this order a report in \\Titing setting forth in detail the manner and form in which it has complied with this order.

Complaint