Boise Cascade Corporation

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

IN THE MATTER OF BOISE CASCADE CORPORATION Docket 9133. Interlocutory Order, Oct. , 1982 ORDER DIRECTING GENERAL COUNSEL TO COMMENCE COURT ENFORCEMENT OF SUBPOENA DUCES TECUM On August 10, 1982, the administrative law judge certified to the Commission the request of respondent Boise Cascade Corporation for enforcement of specifications 8, 11- , 18 and 19 of a subpoena issued by the ALJ on March 1 , 1982, to third party Northwest Wholesale Stationers, Inc. Boise is charged in this case with having induced or received discriminatory discounts from office product suppliers in violation of Section 2(0 of the Clayton Act, as amended by the Robinson-Patman Act. Boise resells offce supplies at both the wholesale and the retail levels. Northwest is a cooperative that purchases at wholesale from manufacturers and resells to its retail offce supply members and to other, nonmember retail office supply outlets. Boise claims to compete with Northwest in its sales to nonmember dealers at wholesale and with Northwest' s members in their sales at retail to end users. The subpoena issued by the ALJ pertains to the prices Northwest has paid to its suppliers, as well as the prices it has charged to its members and customers. The information is relevant, Boise argues, to its defense on both the issues of discrimination and injury to competition. The Commission has consistently held that an ALJ has wide discretion in discovery matters, and his or her determinations should be reversed only for a clear abuse of discretion. , General Foods Corp. 95 F. C. 306 (1980); Warner-Lambert Co. 83 F. C. 485 (1973). The record of pleadings and orders regarding the issuance and enforcement of the subpoena in issue here demonstrates that the ALJ has in fact carefully and reasonably exercised his authority. The subpoena first requested by Boise was substantially redrafted at his insistence to eliminate unnecessary specifications, narrow the relevant time period for many specifications, and otherwise minimize the burden on Northwest of complying. He thoughtfully considered Northwest' s motion to quash and its response to Boise motion for enforcement. He has issued a protective order that will cover confidential documents produced or made available for inspection by Northwest. There has been no abuse of discretion here. Accordingly, It is ordered That the General Counsel shall seek court enforcement of specifications 8, 11- , 18, and 19 of the subpoena duces 512 Interlocutory Order tecum issued to Northwest on March 1 , 1982, unless Northwest agrees, within ten days of receipt of this order, to produce the subpoenaed documents at its place of business for inspection and copying by Boise s attorneys.

Modifying Order 100 F.