Commission's order in Rorer was approved with a slight modification by the Second Circuit in William H. Rorer, Inc. v. Federal Trade Commission, 374 F.2d 622 (1967). Consequently, the Commission does not seek to pursue any issues raised by the court of appeals concerning the order in this proceeding. It may be noted, however, that the court of appeals also misconstrued the Commission's order. The Commission did not require advance approval of "any preferential pricing" (slip opinion, p. 22) or of "any system" (slip opinion, p. 23), but of different prices to different groups where the differences were claimed to be cost justified. Indeed, the very quotation used by the court of appeals (slip opinion, pp. 22-23) from the Commission's order would seem to demonstrate this beyond any possibility of misunderstanding. Transmitted herewith are copies of the briefs filed in the court of appeals, copies of the court's opinion and order, and a copy of the printed appendix. By direction of the Commission. Commissioner Elman does not concur for the reason that the decision below, even if deemed erroneous, turns on the special facts of this case and presents no questions of law having general importance in the enforcement of Section 2 of the Clayton Act. PAUL RAND DIXON, Chairman. DEAN MILK CO. 32. Dean Milk Co. v. F.T.C., 395 F. 2d 696 (7th Cir. 1968) (a) Court Action: Primary line aspect of order dismissed. (b) CommissionAction: 1. On May 14, 1968 directed that certiorari not be sough. Vote: 5-0, Commissioner MacIntyre stating that he would have preferred that certiorari be sought. 2. On June 11, 1968, Assistant General Counsel authorized to file the motion for entry of an enforcement decree and final decree in the 7th Circuit. Vote: 5-0. 3. On July 2, 1968, directed that final order be entered. Vote: 5-0. MAY 14, 1968. Agenda matter: (1) Dean Milk Co. and Dean Milk Co., Inc. v. Federal Trade Commission (7th Cir. No. 15,483) Docket 8032-Dean Milk Company, et. al. With his special matter circulation of May 7, 1968, Mr. Dixon submitted memorandum of the same date in which he reported his consideration of this matter and recommended that the Commission not ask the Solicitor General to seek certiorari with respect to the primary line portion of this matter; and, as to the secondary line portion, made no recommendation, but submitted the matter for consideration. After consideration, on motion of Mr. Dixon, it was directed that certiorari not be sought in this matter. Mr. MacIntyre stated that he would have preferred that certiorari be sought. JUNE 11, 1968. (5) Dean Milk Co. v. Federal Trade Commission 7th Cir., No. 14,483 Docket 8032-Dean Milk Company, et. al. Circulated by Mr. Dixon. June 6, 1968-The Assistant General Counsel for Appeals was authorized to file the motion for entry of an enforcement decree and final decree, submitted with memorandum of May 29, 1968, from the Office of the General Counsel, in the Court of Appeals for the 7th Circuit. JULY 2, 1968. (18) Docket 8032-Dean Milk Company, et. al. Circulated by Mr. Dixon. July 2, 1968-The Commission entered its modified order in Docket 8032 in accordance with the judgment of the United States Court of Appeals for the Seventh Circuit on April 1, 1968; and directed that the order be served upon the parties. For the public record, Commissioners Dixon, Elman, MacIntyre, Jones and Nicholson voted in the affirmative as to the foregoing action. 36-138 0-70—Vol. 3 -33 NATIONAL DAIRY PRODUCTS CORP. 33. National Dairy Products Corp. v. F.T.C. 1969 Trade Reg. Rep. Trans. Binder ¶ 72,829 (a) Court Action: Order affirmed as modified. (b) Commission Action: 1. On July 8, 1969 directed that certiorari not be sought. JULY 8, 1969. (10) National Dairy Products Corp. v. Federal Trade Commission 7th Cir. No. 16,455 Docket 8548-National Dairy Products Corporation Circulated by Mr. Dixon. July 8, 1969-It was directed that certiorari not be sought RESPONSE TO QUESTION 4 CONTENTS1 Economic Report on Milk and Bread Prices (October 1966) Memoranda to Commission from Commissioner Philip Elman, dated January 14, 1969 and May 2, 1969, re Reorganization Plan No. 8 of 1950: Commission Approval of Appointments of Heads of Major Administrative Units. Memorandum to Commission from General Counsel dated May 29, 1969, re "Heads of major administrative units" as contemplated by Reorganization Plan No. 8 of 1950. Letter to the Honorable John N. Mitchell, Attorney General, from Paul Rand Table-Treasury Expenditures By Bureaus-July 1, 1958-June 30, 1968. Table Summary of Operating Costs-Fiscal Year 1962 Table Table Summary of Operating Costs-Fiscal Year 1961 Table Obligations By Activity-Fiscal Years 1947 thru 1958 Letter to Robert Skitol, New York University Law School, from John A. Delaney, dated July 22, 1969, re average number of attorneys in Bureaus of Restraint of Trade, Deceptive Practices, and Textiles and Furs, for periods July 1, 1961 to June 30, 1962 and July 1, 1962 to June 30, 1963. Letter to Robert Skitol, New York University Law School, from John A. Delaney, dated July 11, 1969, responding to letter from Mr. Skitol dated June 24, 1969, attached, transmitting: Compilation of data with relation to: (1) Currently employed economists, statisticians, and accountants who have come to us during last 3 years (23 pages); (2) Senior Level Officials (53 pages); (3) Résumé of Hearing Examiners' Work-Calendar Year 1968; (4) Hearing Examiners (12 pages). Letter to Robert Skitol from John A. Delaney, dated July 14, 1969 [sic], responding to request letter from Robert Pitofsky dated July 15, 1969, transmitting Selected Casework Statistics for Fiscal Years 1966, 1967, 1968 (3 separate tables). Letter to Robert Skitol from John A. Delaney, dated August 6, 1969, attaching tables showing: Complaints and Orders, Fiscal Years 1962, 1963 and 1964; Assurances of Voluntary Compliance for the Years 1961 through 1969; Median elapsed time for formal cases for Fiscal Years 1962 through 1966. A See contents, p. VII. Letter to Robert Skitol from John A. Delaney, dated August 13, 1969, transmitting tables showing complaints and orders for Fiscal Years 1960 and 1961 and a corrected copy of the same information for 1962. Letter to Robert Skitol from John A. Delaney, dated July 2, 1969, transmitting enclosures recited therein. Letter to Professor Robert Pitofsky from Paul Rand Dixon, Chairman, dated July 10, 1969, responding to letter from Robert Pitofsky dated July 2, 1969. Letter to Robert Skitol from John A. Delaney, dated July 3, 1969, transmitting enclosures recited therein. Letter to Professor Robert Pitofsky from John A. Delaney, dated July 29, 1969, transmitting material with relation to advisory opinions and trade regulation rules. |