National Dairy Products Corporation

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

IN THE MATTER OF NATIONAL DAIRY PRODUCTS CORPORATION MODIFYING ORDER IN REGARD TO ALLEGED VIOLATION OF SEC. 2 (a) OF THE CLAYTON ACT Docket 8548. Final Order, Oct. 1969-Modifying Order, July, 1982 This order reopens the proceeding and modifies the Commission s Final Order issued on October 2, 1969 (76 F. C. 392), to ease restrictions on pricing for jams, jellies and preserves, so that only those price differences that injure competition would violate the order. The Commission declined Kraft's request to rescind the order or have it expire in 1987. ORDER MODIFYING FINAL ORDER Whereas a "Petition of Kraft, Inc. to Reopen And Modify Cease And Desist Order" was fied on March 10, 1982 by Kraft, Inc. the successor to National Dairy Products Corporation, pursuant to Section 2.51 of the Commission s Rules of Practice, 16 C. R. 2. wherein Kraft, Inc. seeks to have the order that was issued on October 2, 1969 rescinded or modified;

Whereas the matter was thereafter placed on the public record for thirty (30) days pursuant to Section 2.51(c) of the Commission s Rules of Practice, 16 C. R. 2.51(c), during which time comments from the public were received; and Whereas the Commission thereafter considered the petition presented by Kraft, Inc. and all of the information submitted as comments on the petition and has determined that the petition makes a satisfactory showing that changed conditions of fact or law or that the public interest requires that the order be reopened for the purpose of modification.

Accordingly, It is ordered that the matter be reopened and that the order be modified so that it wil read: It is ordered That respondent Kraft, Inc. a corporation, its successors and assigns, and its officers, representatives, agents and employees, directly or through any corporate device, in connection with the sale or offering for sale of jam, jelly or preserve products of its Retail Foods Group, in commerce, as "commerce is defined in the Clayton Act, do forthwith cease and desist from: Discriminating, directly or indirectly in price between different purchasers of such products of like grade and quality for resale at the same level of distribution where the effect of such discrimination may be substantially to lessen competition or tend to create a Modifying Order 100 F. monopoly in the manufacture of jam, jelly or preserve products; Provided, however that it shall be a defense in any enforcement proceeding instituted hereunder for respondent to establish any affrmative defense set forth in Sections 2(a) or 2(b) of the Clayton Act or Section 8 of the Motor Carrier Act of 1980. It is further ordered That respondent's request to rescind the order or to have the order expire in 1987 is denied. 433 Modifying order