Foremost Dairies, Inc

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

IN THE MATTER OF FOREMOST DAIRIES, INC.

MODIFYING ORDER IN REGARD TO ALLGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT AND SEC. 7 OF THE CLAYTON ACT , Feb. 17. 1983 Doket C-1161. Consent Order. Jan; 1967-'Modifying Order This order reopens the proceeding and modifies the Commission s order issued on Jan. , 1967 (71 F. C. 56), by deleting Paragraph V from the order, so as to relieve respondent of the obligation of obtaining Commission approval prior to making certn acquisitions.

ORDER MODIFYING CEASE AND DESIST ORDER ISSUED JANUARY 23, 1967 By a petition dated July 9, 1982, and supplements thereto dated October 14, 1982, November 16, 1982, and January 11, 1983, respondent Foremost-McKesson, Inc. (successor to Foremost Dairies, Inc.) Foremost") requests that the Commission reopen the proceeding in Docket No. C-1161 and delete Paragraph V of the order issued by the Commission on January 23, 1967. Pursuant to Section 2.51 of the Commission s Rules of Practice, the petition was placed on the public record for comments. No comments were received. Upon consideration of Foremost's petition and supporting materials, and other relevant information, the Commission now finds that the public interest warrants reopening and modification of the order. The Commission has determined that absent special circumstances an order provision that requires prior Commission approval of acquisitions by the respondent should not exceed ten years in duration. The order in this case has been in effect for 16 years and the record does not demonstrate that continued prior approval of respondent's acquisitions is necessary.

Accordingly, It is ordered That this matter be, and it hereby is reopened and that Paragraph V of the Commission s order be and it is hereby deleted. Complaint 101 F.TC.