The Alligator Company

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IN THE :\fATTR OF THE ALLIGATOR CO !PANY COXSEXT ORDER, ETC., IX REGARD TO THE ALLEGED VIOLATION OF SEC. 2 (d) OF THE CLAYTON ACT Docket C-'i69. Complaint, June 30, 19G4-Deeisiol1. June 196f Consent order requiring a St. Louis seller of wearing apparel to cease violating; Sec. .2 (el) of tbe Clayton Act by discriminating in the payment of promotional i11l0"RIJCPS mnong competing- rrselll rsof its proclnct.". effective date postponrd until further order of the Commission.

*TbJ:: order wa:: marle effective on, Aug. g, 1965, see Abby Kent Ca. , Inc., et 01. docket No. C-328, et at, Aug. 9, 1965.

THE ALLIGATOR CO. 1249 1218 Decision fmd Orael' CO:\f,' LAINT The Federal Trade Commission, having reason to believe the respondent named in the capt.ion hereof has violated and is now violating the provisions of subsection (d) of Section 2 of the Clayton Act, as amended by the Robinson-Patman Act (U. , Title 15, Scc. 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 complaint stating its charges as follows: PARAGRAPH 1. The respondent is a corporation engaged in commerce, as "commerce" is defined in the amended Clayton Act, and sells and distributes its wearing apparel products from one state to customers located in other states of the United States. The sales of respondent in commerce are substantial.

PAR. 2. The respondent in the course and conduct of its business in commerce paid or contracted for the payment of something of value to or for the benefit of some of its customers as compensation or in consideration for services and facilities furnished by or through such customers in connection with their sale or offering for sale of wearing a pparel products sold to them by respondent, and such payments were not made available on proportionally equal terms to all other customers competing with favored customers in the sale and distribution respondent s wearing apparel products.

PAR. 3. Included among, but not limited to, the practices alleged herein, respondent has granted substantial promotional payments or allowances for the .promoting and advertising of its wearing apparel products to certain department stores and others who purchase respondent' s said products for resale. These aforesaid promotional payments or allowances Were not offerBcl and made available on proportionally equal terms to all other customers of respondent who compete ,, ith said favored customers in the saJe of respondent ",hearing apparel products.

PAR. 4. The acts and practices 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. DEGISIOX AXD QRDlm The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption here- , and subsequently having determined that complaint should issue and the respondent having entered into an agreement containing an order to cease a.nd desist from the practices being investigat.ed and having been furnished a copy of a draft of complaint to issue herein 1250 FEDERAL TRADE CO:\lMISSIO DECISIONS Decision find Order 65 F.

charging it with violation of subsection (d) of Section 2 of the Clayton Act, as amended, and The respondent having executed the agreement containing a consent order which agreement contains an admission of all the jurisdictional facts set forth iu the complaint to issue herein, and a statement that the signing of the said agreement is for settlement pur,poses only and does not constitute an admission by the respondent that the law has been violated as set forth in such complaint, and also contains the waivers and provisions required by the Commission s rules; and The Commission, having considered the agreement, hereby accepts the same, issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the following order:

1. Respondent The Alligator Company is a corporation organized and existing under the laws of the State of Delaware, with its offce and principal place of business located at 4153 Bingham A venue, St. Louis Missouri.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent. ORDER It is ordered That respondent THE ALLIGATOR COMPANY, a corporation, its offcers, directors, agents and representatives and employees directly or through any corporate or other device, in the course of its business in commerce, as "commerce" is defined in the Clayton Act as amended, do forthwith cease and desist from: (1) Paying or contracting for the payment of anything of value to, or for the benefit of, any customer of the respondent as compensation or in consideration for advertising or promotional services, Or any other service or facilty, furnished by or through such customer in connection with the handling, sale or offering for saJe of wearing app'treJ products manufactured, sold or offered for saJe by respondent, unless such payment or consideration is made available on proportionally equal terms to all other customers competing with such favored customer in the distribution or resale of such products.

It is further ordered That the effective date of this order to cease and desist be and it hereby is postponed until further Order of the Commission.

SPORTSWEAR BY REVERE , INC. 1251 Complaint