Cocoa-Cola Company
Volume 118 · 118 F.T.C. 1172
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Cocoa-Cola Company, 118 F.T.C. 1172 (1994). Consumer Law Library, https://consumerlawlibrary.org/decisions/v118-0049
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IN THE MATTER OF THE COCA-COLA COMPANY MODIFYING ORDER IN REGARD TO ALLEGED VIOLA TION OF SEe. 7 OF THE CLA YTON ACT AND SEe. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket 9207. Final Order, June, 1994 -- Modifying Order, Dee. 1994 This order reopens the proceeding and modifies the Commission s final order issued on June 13 , 1994, that required the respondent, for ten years, to obtain Com mission approval before acquiring certain brand-name soft drink concentrate manufacturers, by eliminating a provision which had expressly defined Coca- Cola Enterprises, Inc. as a Coca-Cola Company subsidiary or affiliate subject to this prior approval requirement.
ORDER REOPENING AND MODIFYING FINAL ORDER The Commission issued a final order in this proceeding on June , 1994, and respondent The Coca-Cola Company -- and Coca-Cola Enterprises, Inc. -- filed petitions for review of that order in the United States Court of Appeals for the District of Columbia Circuit on August 26, 1994. Coca-Cola Enterprises Inc. was not a party to the administrative proceeding and Ihere is no need that it be singled out in the order for identification as a subsidiary or affiliate of The Coca-Cola Company.
Accordingly, the Commission, having determined sua sponte reopen this proceeding and modify Part LA of Ihe final order pursuant to Commission Rule 3. 72 (a).
It is ordered That the final order in This matter be, and it hereby , modified to delete the following sentence from Part LA of the final order:
For purposes of this order, Coca-Cola Enterprises Inc. is a subsid iary or affiliate of Coca-Cola.
THE COCA-COLA COMPANY 1173 1172 Modifying Order Chairman Steiger and Commissioner Varney acting pursuant to delegated authority, with Commissioner Azcuenaga and Commis sioner Starek recused.
I Effective November 30 1994 . the Commission delegated its functions in certain circumst:nccs when no quorum is available for the transaction of business, so that the Commissioner or CommissioncLs who are available for LJuorum purposes may act on he half of the Commission. See 59 Fed. Rqj. 61 :n6 (Nov . 30, 1994), Commissioner AzcllenC'ga ahstLlining in a separate statement. Complaint 118 FTC