Hammermill Paper Company

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

IN THE MATTER OF HAMMERMILL PAPER COMPANY MODIFYING ORDER IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Aug. , 1982 Docket C.2513. Final Order, April 1974. Modifying Order, This order reopens the proceeding and modifies the Commission s order issued on April 24, 1974 (83 F. C. 1587), by modifying subparagraph 1(a) so as to allow the company to impose conditions on the kind of customers its distributors can serve, so long as such conditions do not unreasonably restrain competi. tion.

ORDER MODIFYING DECISION AND ORDER Whereas, a "Request To Reopen And Modify Consent Order" was fied by Respondent on April 8, 1982 pursuant to Section 5(b) of the Federal Trade Commission Act, 15 U.s.c. 45(b), and Section 2.51 of the Commission s Rules of Practice, 16 C. R. 2. , wherein Hammermil Paper Company seeks modification of the order that issued on April 24, 1974 to allow Hammermil to impose reasonable nonprice vertical restrictions; and Whereas, the matter was thereafter placed on the public record pursuant to Section 2.51(c) of the Commission s Rules of Practice, 16 R. 2.51(c) during which time comments from the public were received; and Whereas the Commission thereafter considered the Petition presented by Hammermil Paper Company and all of the materials and information submitted as public comments on the petition and has determined that the request makes a satisfactory showing that changed conditions of fact and law and the public interest require that the order be reopened for the purpose of modification. Accordingly, It is ordered that the matter is reopened and that subparagraph l(a) be modified to read:

Limiting, allocating or restricting the persons or classes of persons to whom any dealer or distributor may resell his products, where such limitation, allocation or restriction unreasonably restrains competition.

455 Modifying Order