The Mal Co Company

Volume 103 · 103 F.T.C. 10

Citation: 103 F.T.C. 10
Docket: 5822
Decision: 1984-01-13
Document type: set aside order
Case type: antitrust
Statutes: FTC Act (section 5)
Industry: hearing aids
Outcome: set aside
Relief: other
Source: Original volume PDF
Original PDF: This decision as a PDF

Cite this decision

The Mal Co Company, 103 F.T.C. 10 (1984). Consumer Law Library, https://consumerlawlibrary.org/decisions/v103-0003

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Order status: dismissed_no_order. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

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IN THE MATTER OF THE MAl CO COMPANY ORDER TO SET ASIDE IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 5822. Consenl Order, May 1955-order To Set Aside, Jan. , 1984 On Jan. 13 , 1984 , the Federal Trade Commission set aside the May 22 1955 order issued against The Maico Co. (51 F. C. 1197), in light of its actions in Beltone Electronics- Corp. Dkt. 8928 DOO F. C. 68 (1982)J and Dahlbert; Electronics Corp. Dkt. 8229 flll F. C. 703 (1983)), which set aside prohibitions on the companies' use of exclusive dealing arrangements.

ORDER TO SET ASIDE ORDER TO CEASE AND DESIST On May 22, 1955, the Federal Trade Commission issued an order against The Maico Company in Docket No. 5822 prohibiting Maico, in the sale of its own brand name hearing aids, from imposing exclusive dealing arrangements upon its dealers. (51 F. C. 1197J Two of Maico s larger competitors are now permitted by recent Commission actions to engage in the same exclusive dealing practices contained in the order against Maico. On July 26, 1982, the Commission dismissed the complaint in Beltone Electronics Corp. Docket No. 8928 1100 F. C. 68J, challenging, among other things, the same practices prohibited by the order against .Maico. On April 11, 1983, the Commission in Dahlberg Electronics, Inc. Docket No. 8929 (101 F. 7031, set aside prohibitions on Dahlberg s use of exclusive dealing arrangements, which were similar to those contained in the order against Maico.

On December 7 1983, the Commission, pursuant to Section 3.72(b) of the Commission s Rules of Practice, 16 C. R. 3.72(b), issued to Maico an order to show cause why the proceeding herein should not be reopened to set aside the final cease and desist order in Docket No. 5822, prohibiting Respondent's use of exclusive dealing arrangements. Respondent was provided an opportunity to object to the proposed set aside of the order against it, and having failed to do so is now deemed to have consented to such action. In view of the Commission s actions in Beltone and Dahlberg, the Commission believes that this modification is in the public interest. Accordingly, It is hereby ordered That this matter be, and it hereby is, reopened and that the order herein shall be set aside as of the effective date of this order.

Modifying Order

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