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fair charge for such services, and which additional amount the customers of the respondent, and eventually the public, must pay.

CONCLUSION.

The practices of the said respondent, under the conditions and circumstances described in the foregoing findings, are unfair methods of competition in interstate and foreign commerce and constitute a violation of the act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes.'

ORDER TO CEASE AND DESIST.

This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the answer of the respondent, and an agreed statement of facts, and the Commission having made its findings as to the facts with its conclusion that the respondent has violated the provisions of the act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,'

It is ordered, That the respondent, the Orleans Iron Works (Inc.), and its officers, directors, agents, servants, and employees cease and desist from directly or indirectly giving to captains and other officers and employees of vessels, valuable gifts, cash commissions, and gratuities as an inducement to have the ships operated by them for the owners thereof repaired and repair parts for same furnished by the respondent.

It is further ordered, That the respondent, within 60 days after the date of service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with the order to cease and desist herein before set forth.

74636-22- -28

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CASES IN WHICH ORDERS OF DISCONTINUANCE OR DISMISSAL HAVE BEEN ENTERED.

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Coal; capitalstock.
Yeast.

21

567

22

338

123

Acme Coal Mining
Co.
United States Food
Products Corpora-
tion, Liberty Yeast
Corporation, The
Fagin Co., and Her-
man Cheifetz.

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Misbranding.

Stimulation of competitor's trade name.

Answer and trial.

Answer and
stipula-
tion.

Answer and
trial.
...do...

Bogus independents; enticing competitors' em-
ployees; using competitors employees to de-
liver samples of respondent's products to said
competitors' customers and to make false and
disparaging statements with reference to said
competitors' products to said competitors
customers; procuring and using valuable trade
secrets from competitors' employees; circu-
lating falsé, misleading, and derogatory state-
ments about competitors' businesses, prac
tices, and methods; selling below cost,
Misrepresenting competitors' products and Answer.
prices; inducing and attempting to induce
breach of competitors' contracts; selling and
loaning oil pumps, tanks, and outfits, respec-
tively, below cost and at figures not affording
a reasonable return; threatening dealers to sell
direct to retailers unless they installed the line
of equipment handled by it; falsely represent-
ing itself as the agent of devices competitive
to the line handled by it, and quoting exces
sive prices on said devices; all in violation of
section 5; and price discrimination in violation
of section 2 of Clayton Act.
Leasing oil tanks, pumps, and devices for a
nominal consideration, based on exclusive or
tying contracts or dealings in violation of sec-
tions 5 and 3 of the Federal Trade Commission
and Clayton Acts, respectively.

Dismissed and discontinued "for the reason
that the practice of tying commodities to a
joint sale is an unfair method of competition
where the seller has secured a preponderance
of control over one of the commodities and
uses such control to restrict competition un-
duly or to create a monopoly, and that such
qualifying conditions not having been
pleaded, an order to cease and desist would
be improvidently issued upon the complaint

Practice charged not a practice of respondent in
its business, or known to, or authorized by it,
but incidental to taking over newly acquired

branch house. Charge not sustained.

No reasons assigned.

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Dismissed without prejudice; no reasons as-
signed.

Answer and No reasons assigned.
trial.

1 Except where otherwise stated, the matter charged is charged as a violation of sec. 5 of the Federal Trade Commission act.

The language of the complaint reads in part: "A system of giving cumulative rebates in the sale of its products whereby purchasers of its products obtain at the end of each calendar year, or at the end of a definite period, certain rebates or discounts based and estimated upon the aggregate of the separate purchases made by such dealers during the calendar year or such fixed period."

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