Edward Joseph Hruby
Volume 61 · 61 F.T.C. 1437
price discriminationproduct labelingpricing comparisons
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Edward Joseph Hruby, 61 F.T.C. 1437 (1962). Consumer Law Library, https://consumerlawlibrary.org/decisions/v061-0170
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In the Marrer or EDWARD JOSEPH HRUBY DOING BUSINESS AS HRUBY DISTRIBUTING COMPANY ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF SEC. 2(c) OF THE CLAYTON ACT Docket 8068. Complaint, Aug. 4, 1960—Decision, Dec. 26, 1962 Order dismissing by a two-to-one decision, complaint charging an Omaha, Nebr., distributor with violating Sec. 2(c) of the Clayton Act by receiving commissions or brokerage on purchases of food products for its own account, the majority holding that the allowances concerned were functional discounts made to an intermediate distributor to enable him to sell to other wholesalers at a price competitive with that offered by producers selling through food brokers.
Complaint 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.S.C. Title 15, Sec. 18), hereby issues its complaint, stating its charges with respect thereto as follows:
HRUBY DISTRIBUTING CO. 1437 1429 Complaint F. Fails to set forth separately in advertisements relating to fur products composed of two or more sections containing different animal furs the information required under Section 5(a) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder with respect to the fur comprising each section.
G. Represents directly or by implication that the regular or usual prices of any fur product is any amount which is in excess of the prices at which respondent has usually and customarily sold such products in the recent and regular course of its business. .
H. Represents directly or by implication that the prices of fur products have been reduced when such is not the case. J. Misrepresents in any manner the savings available to purchasers of respondents’ fur products. It is further ordered, That the respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.