Order 1 condition that said independent manufacturers respectively will sell to competitors of respondents liquid carbon dioxide or solid on dioxide for the purpose of manufacturing liquid carbon dioxide efrom; to deprive both private and governmental purchasers of d and solid carbon dioxide of the benefits of competition in price ng respondents; to prevent sales of solid carbon dioxide to owners ssees of converters or liquefiers who convert said solid carbon dioxnto liquid carbon dioxide; to prevent the sale of solid carbon die to bottlers of carbonated beverages or other owners or lessees of erters of liquefiers who convert said solid carbon dioxide into id carbon dioxide except at higher prices than are charged cusers who use said solid carbon dioxide for refrigeration or industrial poses; to allocate and reserve certain territory and specified areas in the States of the United States and the District of Columbia e exclusive use of respondents in the sale and distribution of solid liquid carbon dioxide; to control, through direct or indirect joint ership of patent rights and patent applications, the manufacture, and distribution of solid carbon dioxide and to charge or threaten harge manufacturers or prospective manufacturers of solid carbon ide exhorbitant license and royalty fees for the use of said patents; on the part of Air, Pure, and Liquid to eliminate local competition imultaneously cutting the price of liquid and solid carbon dioxide ustomers of competitors in certain areas below those charged to the e class of customer in comparable areas where there is less competi; and otherwise to maintain and promote the purpose of the comtion and conspiracy of respondents to hinder, lessen, and restrain petition in the purchase, sale, and distribution of liquid and solid bon dioxide. CONCLUSION he aforesaid acts and practices of the respondents are all to the judice of the public and of respondents' competitors and constitute air methods of competition in commerce within the intent and ning of section 5 of the Federal Trade Commission Act. In comnce with the provisions of the stipulations hereinbefore mentioned, indings have been made pursuant to the charges in count II of the plaint. ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commisupon the complaint of the Commission, the answers thereto, stiptions of facts, and recommended decision of the trial examiner (no 789940-50- -71 briefs having been filed and oral argument not having been requested; and the Commission having made its findings as to the facts and its conclusion that respondents have violated the provisions of the Federal Trade Commission Act: I. It is ordered, That Pure Carbonic, Inc., a corporation; Air Re duction Co., Inc., a corporation; The Liquid Carbonic Corp., a corpe ration; and Michigan Alkali Co., a corporation (now Wyandota Chemicals Corp.), their respective officers, respresentatives, agents and employees, in connection with the purchasing, offering for sak sale, and distribution of solid or liquid carbon dioxide in commerc "commerce" is defined by the Federal Trade Commission Act, do fort with cease and desist from entering into, continuing, cooperating in or carrying out any planned common course of action, understanding agreement, combination, or conspiracy between and among any tw or more of said respondents or between one or more of said responden and others not parties hereto to do or perform, either directly or in directly, any of the following acts or practices: 1. Purchasing the productive or distributive facilities or other a sets of competitors, or control thereof. 2. Entering into or carrying out purchase agreements with ma facturers of solid and/or liquid carbon dioxide whereby any one more of said respondents agrees to purchase the entire output of of said manufacturers or a substantial portion thereof. 3. Contracting to purchase or purchasing liquid and/or solid car bon dioxide from competing producers upon condition that said pr ducers will not sell to competitors of any of said respondents sabd carbon dioxide or liquid carbon dioxide for the purpose of manufa turing solid carbon dioxide therefrom. 4. Establishing, fixing, or maintaining prices, terms, conditions sale, or charges for services in connection with the sale of solid liquid carbon dioxide, or adhering to any prices, terms, conditions sale, or service charges so fixed or maintained. 5. Preventing the sale of, or refusing to sell, solid carbon dio to owners or lessees of converters or liquefiers for conversion into li carbon dioxide. 6. Offering to sell or selling solid carbon dioxide to owners or lessees of converters or liquefiers at prices in excess of those offered or charged purchasers of comparable quantities for other uses. 7. Allocating, reserving, or limiting certain territorial areas to the exclusive use of any one or more of them in the sale and distribution of solid or liquid carbon dioxide. Order . Owning or controlling stock or other share capital of any coration which owns or controls patent rights or patent application reng to the manufacture of solid carbon dioxide, or in any other mancontrolling such patents, patent rights, or patent applications ereby competing manufacturers or prospective manufacturers of d carbon dioxide are hindered or prevented from continuing in ntering into the manufacture of said product. 1. It is further ordered, That the respondents, Pure Carbonic, Inc., Reduction Co., Inc., and The Liquid Carbonic Corp., pursuant to a ned common course of action, understanding, agreement, combion, or conspiracy between and among them, or between one or e of them and others, cease and desist from: utting prices of solid or liquid carbon dioxide to customers of comtors in certain areas below the prices charged the same class of omers in comparable areas. [I. It is further ordered, For the reasons appearing in the findings o the facts and conclusion in this proceeding, that the charges in nt II of the complaint herein be and the same are hereby withwn without prejudice to the right of the Commission to institute urther proceeding against each of these respondent at any time respect to alleged violations of the Robinson-Patman Act. V. It is further ordered, That the respondents shall, within 60 days r service upon them of this order, file with the Commission a rein writing, setting forth in detail the manner and form in which have complied with it. DERS OF DISMISSAL, OR CLOSING CASE, ETC. TANDARD BRANDS, INC. Complaint, February 10, 1947.1 Order, 73, 1947. (Docket 5107.) harge: Advertising falsely or misleadingly as to scientific or relet facts and ailments, symptoms, and conditions generally, qualities results of product, composition and comparative merits thereof; failing to reveal material facts as to safety and qualities of prodin connection with the production and sale of a product desiged "Fleischmann's Yeast," "Fleischmann's High-Vitamin Yeast," "Fleischmann's Compressed Yeast." rder dismissing amended and supplemental complaint without judice follows: his matter came on to be heard upon the motion for dismissal of amended and supplemental complaint herein filed by respondent ch 17, 1947, memorandum and affidavit in support of said motion, the answer to said motion filed April 15, 1947, by counsel supting the complaint; and having duly considered the matter and ppearing to the Commission that the respondent in September 6, about 6 months before the issuance of the amended and suppletal complaint herein, discontinued all advertising of Fleischmann's st for direct human consumption and for health purposes, that rendent represents this discontinuance was for economic reasons and t it has no intention of resuming any advertising of said product such purposes, and that this discontinuance includes all the alleged se advertisements set forth in the amended and supplemental comint; and it further appearing to the Commission that in view of this continuance, the reason therefor stated by respondent, and the ression of intention not to resume, there is no present reason to eve that the practices alleged in the amended and supplemental plaint will be resumed, and therefore it would not be in the public erest to proceed at this time with the trial of issues concerning pracs which appear to have been permanently discontinued: t is ordered, Therefore, that this proceeding be, and the same hereby dismissed without prejudice to the right of the Commission to itute further proceedings should there be a resumption of any of practices alleged in the amended and supplemental complaint ein. Amended and supplemental. |