Adele Fashions, Inc.

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and form in which he ha,s complied with this order. T THE )IATTER OF ADELE FASHIONS, INC" ET AL.

CONSENT ORDERS , ETC. IN REGARD TO THE ALLEGED VIOLATION OF SEC. :. (c1) OF 'fI-IE CL\ YTO:-'' ACT Docket C-639- 6,'J Complai1/t, Dec. 2"i, 1963-Dccisiol1 , Dec. 2,' H)fJ. Consent orders requiring 33 wealing apparel manma0turers to' ceifse discriminating in price among their customers in violation of Sec. 2 (d) of the '" 'l' bese orders were made effecti"Vp. on Aug. 9, 1965, 8CC Abby Kent 00., Inc., ct a/. docket 1'0. C-32S, et al., Aug. 9 , 1965. ,, Decision and Order 63 F.

Clayton Act by favoring certain retailers with promotional payments not made proportionally available to competing stores, and postponing the effective date of the orders until further order of the Commission. CO::IPLAI::TS The Federal Trade Conm1issiol1, having reason to believe that 33 hearing apparel manufacturers named in a listing of respondents on p. 2070 herein, have violated and are now 'Tiolating the provisions of subsection (d) of Section 2 of the Clayton Act, as amended by the Robinson-Patman Act (U, , Title 15, Section 13), and it appearing to the Commission that -a proceeding by it in respect thereto is in the. interest of the public, the Commission hereby issues its complaints stating its charges as fo11otis:

PARAGRAPH 1. The respondents are corporations engaged in commerce, as "commerce" is defmed ill the amended Clayton Act, and sells and distributes their wearing apparel products from one State to customers located in other States of the United States, The sales of respondents in commerce aye substantial. PA", 2, The respondents in the course and conduct of their business in commerce paid or cont.racted for the payment of something of value to or for the benefit of some of their customers as compensation or in consideration for services and facilities furnished by or through such customers in connection with their sale or offering for sa.le of wearing apparel products sold to them by respondents, and such payments were not made available on proportionally equal terms to all other customers competing with favored customers in the sale and distribution of respondents wenTing apparel products. PAR, 3. Included among, but not limited to, the practices alleged herein, respondents have gra.nted substantial promotional payments or allowances for the promoting and advertising of their wearing appare.1 products to certain department stores and others who purchase respondents said products for resale. These aforesaid promotional payments or allowances were not offered and made available on proportionally equal.1 terms to an othey customers of respondents who compete with said favored customers in the sale of respondents Iyearing apparel products.

\R. 4. The acts and pract.ices alleged in Paragraphs One through Three are all in violation of subsection (d) of Section 2 of the Clayton Act, as amended by the Robinson-Patman Act. DEC1SroXS -\XD Onm:ns The Federal Trade Commission having initiated an inve,stigation of cert.ain acts and practices of the m nn1facturers named in a listing ADELE FASHIONS ! INC. , ET AL. 2069 20G7 Decision and Order of respondents on p. 2070 herein, nncl subsequently having determined that complaints should issue, and the respondents hfl"\-ing entered into agreements containino' orders to cease and desist fronl the ra,ctices beina investio-ated and havin.2 been furnished copies of a draft of complaint to issue herein cha.rging them with violation of subsection (d) of Section 2 of the Clayton Act, as amended, and The respondents having executed the agree,ments containing consent orders which agreements contain an admission of all the jurisdictional facts set forth in t.he complaints to issue herein, and statements that the signing of the said ag-reement.s ate for settlement purposes only and do not const.itut.e admissions by the respondents that the law has been violated as set forth in such complaints, and also contains the waivers nnd provisions required by t.he Commissian s rules; and The Commission, having considered the agreements, hereby accepts the snme, issues its complaints in the form contemplated by said agreements, makes the following jurisdictional findings and enters the foJ1moving orders:

1. Respondent mR,l1l1factnrers listed.d herein are corporations organized and existing- under the 1:\\-5 of various States, with their offices and principal places of business lomted as indicated on appended list, 2, The Federal Trade Commission has jurisdiction of t.he subject matter of these proceedings nnd of the respondents. ORDERS 1 t is ordered That respondents named in a listing of respondents on p. 2070 herein corporations, their offcers, directors, agents, representat.ives and employees, directly or through any corporate or otller device, in the course of their business in commerce, as "commerce" is defined in the Clayton Act., as amended, do forthwith cease and desist. from:

(1) Paying or contracting for payment of anything of value to or for the benefit. of, any cust.omer of t.he respondent.s as compensation or in consideration for advertising or promotional services, or any other scrdce or facility, furnished by or through such cuswme.r in connect.ion wit.h the handling, sale or offering for sale of wearing apparel products manufact.ured, sold or offered for sale by respondent, unless such payment or consideration is made available on proport.ionally equal terms to al1 other cust.omers competing with such favored customer in the distribution or resale of such products, 7SQ-0.1 S--89--131 Deeision1 and Order 63 F, It is fUTtheT ordered That the effective date of these orders to cease and desist be and it hereby is postponed until further order of the Commission.

The following is a listing of the 33 respondents named in the complaints and cease and desist orders (New York City unless otherwise indicated) :

(C-639) Adele Fashions, Inc" 1407 Broadway, (C-640) Blume Knitwear, Inc., 30-02 48th Avenue, Long Island City, N. , and a subsidiary at the same address, Impromptu Casuals Inc, (C-641) Cluett, Peabody & Co" Inc., 530 Fifth A venue. ( C-642) Country Tweeds, Inc., 250 West 39th Street. (C-643) Litt-Gluck Co" 111 West 19th Street. ( C-644) Sy Frankl, Ine" 1350 Broadway.

( C-645 ) Glensder Corp" 417 Fifth Avenue, (C-646) The Hadley Corp" Weaverville, N.

(0-647) Larry Levine, Inc" 252 West 37th Street. (C-648 ) Lord Jeff Knitting Co., Inc" 58-30 64th Street, Maspeth (C-649) :l\iss :Maude, Inc" 1311 Park Avenue, Hoboken, N, (C-650) Mayflower Dress Co" Inc., 1350 Broadway. (C- 51) )1unsingwear, Inc., 718 Glenwood Avenne, )1inneapolis Y.inn, (C-652) Puritan Skirt & Dress Co" Inc" 144 foody Street, Waltham, J\fass.

(0-653) The Puritan Sportswear Corp., 813 25th Street, Altooua Pa.

(C-654) Rainfair, Inc" 1501 Albert Street, Racine, ,Vis, (C-655) Sportswear Corporation of America, 6516 Page Boulevard, St. Louis fo.

(C-656) Serbin, Inc" 1280 Southwest First Street, Miami, Fla. (C-657) Sir James, Inc" 910 South Los Angeles Street, Los Angeles, Calif.

(C-658) Kandahar Sportswear Co. , Inc., 8 ,Vest 30th Street (C-659) Bobbie Brooks, Ine" 3839 Kelley Avenue, Cleveland Ohio.

(C-660) Gay Gibson, Ine" 2617 Grand Avenue, Kansas City, Mo, (C-661) The Grove Co" 8300 Manchester Road, St, Louis, Mo, (C-662) Irwill Knitwear Corp" 1407 Broadway. (C-663) Kathi Originals, Ine" 1350 Broadway. (C-664) Lafties Knitting Mills, Inc" 85 DeKalb A venue, Brook. lyn (C-665) Mademoiselle Modes, Inc" 520 Eighth Avenue, TINE T1lal BAKI CO. 2071 2067 Complaint (C-666) Donkenny, Inc" 1407 Broadway, and a subsidiary at the same address, :\1elray Blouse Co., Inc.

(C-667) Albert Rosenblatt & Sons, Inc" 1400 Broadway. (C-668) Economy BJouse Corp., 1407 Broadway. (0-669) E, D. Winter & Co" Inc" 525 Seventh Avenue. (0-670) Jack Winter, Inc" 233 East Chieago Street, Milwaukee, Wis, (C-671 ) Young Timers, Inc" 520 Eighth Avenue.