ANNUALREPORTOFFEDERALTRADECOMMISSIONFor the Fiscal Year EndedSeptember 30, 1979For sale by the Superintendent of Documents, U.S. Government Printing OfficeWashington, D.C. 20402 (Paper cover)Federal Trade CommissionMICHAEL PERTSCHUK, ChairmanPAUL RAND DIXON, CommissionerDAVID A. CLANTON, CommissionerROBERT PITOFSKY, CommissionerPATRICIA P. BAILEY, CommissionerCAROL M. THOMAS, SecretaryEXECUTIVE OFFICES OF THE FEDERAL TRADE COMMISSIONPennsylvania Avenue at Sixth Street, N.W.Washington, D.C. 20580Regional OfficesAtlanta, GeorgiaRoom 10001718 Peachtree Street, N.W.Zip Code: 30309Boston, Massachusetts1301 Analex Building150 Causeway StreetZip Code: 02114Chicago, IllinoisSuite 143755 East Monroe StreetZip Code: 60603Cleveland, OhioMall Building, Suite 500118 Saint Clair AvenueZip Code: 44114Dallas, TexasSuite 26652001 Bryan StreetZip Code: 75201Denver, ColoradoSuite 29001405 Curtis StreetZip Code: 80202Los Angeles, California13209 Federal Building11000 Wilshire BoulevardZip Code: 90024New York, N.Y.Room 2243-EBFederal Building26 Federal PlazaZip Code: 10007San Francisco, CaliforniaBox 36005450 Golden Gate AvenueZip Code: 94102Seattle, Washington28th FloorFederal Building915 Second AvenueZip Code: 98174Field StationHonolulu, HawaiiRoom 6324300 Ala MoanaZip Code: 96850iiiLetter of TransmittalFEDERAL TRADE COMMISSIONWashington, D.C.To the Congress of the United States:It is a pleasure to transmit the sixty-fifth Annual Report of the Federal Trade Commissioncovering its accomplishments during the fiscal year ended September 30, 1979.By direction of the Commission.MICHAEL PERTSCHUK,Chairman.THE PRESIDENT OF THE SENATETHE SPEAKER OF THE HOUSE OF REPRESENTATIVESivTABLE OF CONTENTSPart PageI. The Goal: Ensuring a Vigorous and Honest Free Market . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. The Strategy: Fighting Inflation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1III. Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7IV. Effectiveness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11V. Simplifying, Speeding and Improving the Administrative Process . . . . . . . . . . . . . . . . . 13AppendixPart II (Investigative Stage) Consent Agreements Accepted andPublished for Comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Part II (Investigative Stage) Consent Agreements Issued inFinal Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Part III (Litigation Stage) Consent Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Initial Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Final Litigated Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35Civil Penalty Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Appellate Court Decisions Reviewing Commission Orders . . . . . . . . . . . . . . . . . . . . . . 41Supreme Court Decision Reviewing Final Commission Order . . . . . . . . . . . . . . . . . . . . 41Other Important Court Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41Policy Planning Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43Staff Reports Published on Proposed Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44Economic Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45Economic Working Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46vOVERVIEWI. THE GOAL: ENSURING A VIGOROUSAND HONEST FREE MARKETIn 1979 the Federal Trade Commission continued to police the market against dishonest andanticompetitive trade practices.The Commission regards vigorous and truthful competition as thetouchstone of its mandate, the most efficient means of ensuring that consumers obtain what theywant at the lowest possible price.This mandate takes on particular importance in the present periodof economic stress, when more and more consumers must stretch their dollars ever further.II. THE STRATEGY: FIGHTING INFLATIONThe Commission's strategies have been integrated to focus on the sectors of the economymost critical to consumers: health care, food, housing, transportation, energy, and clothing.Theactivities described below are examples of recent FTC actions; they were all initiated or carried onin Fiscal Year 1979 unless otherwise noted. (The Appendix provides a more detailed description ofeach FTC action taken in 1979.)A. HEALTH CARE.C acceptance of a consent agreement requiring Eli Lilly (which sells most of theinsulin needed by diabetics in this country) to license its present and futureinsulintechnologytootherfirms(Lillyhadbeenchargedwithillegalmonopolization of the insulin market).C issuanceofanadministrativelawjudge'sinitialdecision,subsequentlyaffirmed in pertinent part by the full Commission, holding that the AmericanMedical Association has unlawfully limited consumer access to informationabout the price and availability of medical services, and imposed unlawfulrestrictions on the ability of hospitals, health maintenance organizations, andother"lay"institutionsseekingtocontainhealthcarecoststoemployphysicians on a salaried basis.C issuance of a consent order which, for the present, prohibits the AmericanDentalAssociationfromrestrictingtruthfuladvertising,andwhichwillultimately be conformed to the final order in the AMA case.C issuance of a consent order barring the publication of relative value12 FEDERAL TRADE COMMISSIONscales (which can decrease competition and facilitate price fixing) by the California Medical Association.These health care matters are still in progress:C issuance of a complaint against another group, the Indiana Federation of Dentists, allegingthatitunlawfullyconspiredtoobstructcostcontainmentprogramsdevelopedbydentalinsurers.C issuance of a complaint against the Michigan State Medical Society alleging that the societyengaged in a conspiracy to fix prices and to boycott cost-containment procedures institutedby insurers.C publicationofastaffreportanalyzingtheextent,import,andlegalityofmedicalparticipation in the control of Blue Shield and certain other health care plans.C arulemakinginvolvingpreventionofallegeddeceptiveadvertisingofover-thecounterdrugs; staff proposes conforming terms used in advertising to those required by the Food andDrug Administration to be used on labels.C a rulemaking to consider proposals to require sellers of hearingaidsto give dissatisfiedpurchasers a refund of most of their purchase price up to 30 days after purchase.C issuanceofanadministrativelawjudge'sinitialdecisioninBristol-Myerslitigation,involving advertisements for Bufferin, Excedrin and Excedrin P.M.C arulemakingtodeterminewhetherandhowFDA-mandatedwarningsforlabelingofantacids should be disclosed in advertising.C examination of the effect of restrictions on advertising and commercialpractices on theprice and quality of professional services, focusing on the profession of optometry.B. FOOD.C issuance of a consent order requiring ITT-Continental, which makes Fresh Horizonsbread, to disclose in advertising that its fiber content is derived from wood.C issuanceofaconsentorderrequiringdivestitureresultingfromanallegedanticompetitive acquisition involving frozen foods (Nestle/Stouffers).C issuanceofanopinionandorderrequiringBorden,Inc.toceaseanddesistfrommonopolizing the processed lemon juice market with its ReaLemon product.C issuance of a final order prohibiting interlocking directorates between Kraftco Corp.and SCM, two major producers of margarine and edible oils (recently affirmed by theCourt of Appeals).ANNUAL REPORT 1979 3C issuanceofaconsentorderprohibitingHowardJohnsonCompanyfromrequiringitsrestaurant franchisees to purchase certain food products and supplies from Howard Johnson.These food matters are still in progress:C litigationinvolvingtheacquisitionbySouthlandCorp.,oneofthenation'slargestdairyprocessors, of Knowlton's, the largest independent dairy processor in the San Antonio area,on the grounds that the merger will reduce competition in an already highly concentratedindustry(caserecentlyresolvedbyconsentagreementbarringdairyacquisitionsbySouthland without Commission approval).C litigation of two complaints challenging the mergers of major supermarket chains, GrandUnionandColonialStoresontheeastcoast,andNationalTeaandApplebaum'sFoodMarkets in the midwest, which allegedly decrease competition among grocery stores andsupermarketsinthoseareas(consentagreementacceptedrecentlybarringgrocerystoreacquisitions by National Tea without Commission approval).C a suit filed in District Court to seek civil penalties and enjoin a seller of bulk freezer meatsfrom "bait and switch" practices.C a rulemaking involving alleged false or deceptive food advertising claims for energy, fat andcholesterol attributes of food products.C litigation involving ITT--Continental Baking Company, alleging attempts to monopolize thewholesale baking industry.C litigation involving Sunkist Growers, Inc. for alleged exclusive dealing, contracts in restraintof trade, stabilization of prices, and monopolization of the Western United States citrus fruitindustry.C litigationinvolvingBeatriceFoodsCo.fortheallegedlyanticompetitiveacquisitionofTropicana, a major producer of ready-to-serve orange juice.C litigation against Kellogg and other major breakfast cereal manufacturers, involving allegedmonopolization.C litigationinvolvingGeneralFoods(makerofMaxwellHousecoffee)allegingpredatorypricing and other abuses of market power to prevent the entry of new competitors into theEastern U.S. coffee market.C examination of the effect of state-imposed retail price controls on the prices consumers payfor milk.C. HOUSING.C issuance of consent orders involving two allegedly anticompetitive mergers in the cement industry(Lone Star Industries/Keystone Portland Cement, Crane Co./Medusa Corp.).4 FEDERAL TRADE COMMISSIONC issuance of consent orders barring allegedly anticompetitive pricing practices in the roofingindustry (Inland Empire Roofing Contractors Association), in pest control (New Jersey PestControl Association), and in the home appliances market (Appliance Dealers Cooperative).C issuance of three consent orders prohibiting MacLeod Mobile Homes, Inc., Harper Sales,Inc. and Mobile Home Multiplex Corp. from renting or selling lots in their mobile homeparks only to those who purchase mobile homes from specified dealers.C the filing of an injunction suit resulted in the parties abandoning plans for two allegedlyanticompetitive mergers of construction equipment manufacturers (Harnischfeger Corp.,Mannesmann A.G.).C a consent order with Bankers Life and Casualty Company requiring the refund of up to $14million(inpaymentsandcontractcancellations)tobuyersoflandwhowereallegedlyvictims of deceptive marketing.C aconsentorderwithMontgomeryWardandCompanyrequiringtheinstallationofprotective heat shields or the removal of up to 200,000 woodburning stoves allegedly soldwith improper fire protection instructions.C consent orders with two mobile homes dealers requiring the extension of warranties becauseofallegeddeception.Bothcompaniesmustnotifytheircustomers thattheirwarrantiescontained errors and that the owners are entitled to broader warranty coverage.These housing matters are still in progress:C an administrative law judge decision (on appeal) barring IMREP Corp., one of the nation'slargest land sellers, from using deception in the marketing of land.C examination of the functioning of the real estate brokerage industry.Two of the key issuesbeing examined are: 1) Why do real estate commission rates appear not to vary with changesin the supply of and demand for the services of real estate agents? 2) Are there activities bybrokers and agents which pose consumer protection problems?C a rulemaking proceeding to determine whether warranty obligations on mobile homes arefairly honored.D. TRANSPORTATION.C issuance of Commission opinion holding illegal a conspiracy to divide markets between twofirms selling roller bearings to the automotive aftermarket. (SKF Industries and Federal-Mogul Corp.).C issuance of an order requiring Reuben H. Donnelly Corp. to refrain from alleged abuses ofmonopoly power and to list connections for commuterANNUAL REPORT 1979 5flights in its Official Airline Guide, which is the only source of its kind for information onregularly scheduled flights.C consentorderrequiringGeneralMotorsCorp.tostopsellingcarswithenginesmanufactured by GM divisions other than the one whose name appears on the car, unlessit discloses that fact.C consent order requiring manufacturers of heavy-duty trucks in the United States to list modelyears on identification papers to prevent deceptive marketing.C consent order barring Ford Motor Company from misrepresenting fuel economy, structuralstrength, or quietness of Lincoln and Mercury cars.These transportation matters are still in progress:C an administrative law judge decision (on appeal) requiring General Motors to end allegedlyanticompetitive discrimination among its dealers and between its dealers and independentbody shops in the pricing of bumpers, fenders, grilles, moldings, and other crash parts.C a rulemaking involving optional disclosures on the condition of the major components ofused cars.C litigation involving charges that an automobile dealer allegedly advertised credit terms ontelevision in a deceptive manner.C litigation involving Hertz Corp. for allegedly violating the Holder-in-Due-Course rule in thesale of used cars.C investigation of competition in the automobile industry.C litigation involving Tenneco, Inc., for allegedly anticompetitive acquisition of a competingmanufacturerofshockabsorbersandapotentialcompetitorinthemanufactureofautomotive exhaust systems (administrative trial completed).C litigationinvolvingFordandGeneralMotorsforallegedlygrantinganticompetitiveadvertising allowances to major automobile rental firms.E. ENERGY.C issued rule requiring the disclosure of octane ratings on gasoline pumps.C issued rule requiring refrigerators, freezers, water heaters, washing machines, dishwashers,room air conditioners, and furnaces to be sold with a label disclosing relative energy costs.C issued consent orders stopping alleged deception in the advertising and marketing of several"energy-saving"devices,includingawaterheatertimer,a"gasoline-saving"valvethatattaches to a car's carburetor, and aluminum siding.6 FEDERAL TRADE COMMISSIONThese energy matters are still in progress:C Obtained a District Court injunction requiring that Reliance Electric Corporation's DrivesGroup be completely insulated from Exxon Corporation until the Commission can rule onallegedly anticompetitve effects of the acquisition by the nation's largest energy firm of thenation's leading producer of electronic variable speed drives.C issuanceofcomplaintagainstEthylCorp.andthreeothermanufacturersofgasolineadditives for allegedly engaging in practices which facilitate the reduction or elimination ofcompetition.C litigationagainstthe8majoroilcompaniesforallegedillegalmonopolizationoftheproductionanddistributionofpetroleumproductsintheGulfCoastandeasternU.S.markets.C inresponsetoaCongressionalrequest,publiccommentsarebeingsolicitedandaninvestigation is being conducted on the need for rulemaking regarding whether the majorintegrated oil companies should be required to divest their ownership interests in majorcrude oil pipelines in the U.S.C a rulemaking that would require manufacturers of home insulation to test and label theirproducts with a standard measure of performance, or "R value."C examination of the effects of federal regulation of petroleum product prices and productallocation on the structure and performance of the domestic petroleum industry.F. CLOTHING.C issuance of consent orders against Jonathan Logan and other manufacturers of well-knownclothing brands (Pendleton, Gant, Jaymar-Ruby, Huk-A-Poo, Pranx, Motherhood Maternity)banning interference with competitive retail pricing.C issuanceof a consent order prohibiting Federated Department Stores from entering intoagreements with shopping center developers which would exclude discount or other price-competitive stores.This clothing matter is still in progress:C examination of proposals to amend the care labeling rule to require laundering and cleaninginstructions in labels.G. CREDIT.C issuance of a consent order requiring Hertz Corp. to refund approximately $1.25 million incash to customers with credit balances.The complaintANNUAL REPORT 1979 7alleges that Hertz did not notify its credit customers that their accounts reflected a creditbalance and that Hertz did not refund the credit balances without a specific request from thecustomer.C issuance of a consent order requiring Montgomery Ward to pay $175,000 in civil penaltiesto settle charges that it violated the Equal Credit Opportunity Act.Wards allegedly failedto provide reasons for denial of credit to those customers who requested an explanation, inviolation of the Act.C Federated Department Stores agreed to pay $50,000 to settle charges that it violated theEqual Credit Opportunity Act by failing to include alimony and other forms of income inassessing credit worthiness of applicants.C consent order requiring Ford and Ford Motor Credit Co. to establish an accounting systemfor its dealers to refund promptly any excess credit balance funds realized from the sale ofrepossessed cars.These credit matters are still in progress:C a rulemaking to amend the "Holder-in-Due-Course" rule to provide broader protection forconsumers who purchase a product or service on credit.C a rulemaking that is examining terms and conditions contained in consumer credit contracts.C an administrative law judge decision (on appeal) ordering Household Finance Corp. to stopallegedly miscalculating finance charges on loans in violation of the Truth in Lending Act.III.REMEDIESWith direction and encouragement from Congress (as exemplified by the Magnuson-Moss Act), theFTChasevolvedarangeofstrategieswithineachcriticalconsumersector.Whilethetraditionaladministrative complaint remains an important weapon in the Commission's arsenal, it is augmented by othertechniques.A. REPORTS AND COUNSEL.In Section 6 of the FTC Act, Congress authorized the agency to compile information about businessstructure and practices, make the information public, and advise Congress.In 1979 the Commission issuedseveral key Commission and staff reports and provided independent counsel to Congress, the states and sisteragencies:1. Independent Counsel to Congress.C International Energy Program.On the basis of monitoring by FTC staff, which is requiredby the Energy Conservation Policy Act of 1975, two reports were submitted to Congress onthe competitive impact of IEP ac-8 FEDERAL TRADE COMMISSIONtivities, involving planning by international oil companies for the allocation of oil suppliesamongmembernationsintheeventofanemergencydisruptioninmiddleeasternoilsupplies.C Oil Industry.The Commission staff testified before Congress several times regarding anumberofcompetitionconcernsintheoilindustry(forexample,acquisitionofnon-petroleum energy firms by large oil companies and the leasing of oil drilling rights on theouter continental shelf).C Conglomerate Mergers.The FTC forwarded a statement favoring consideration of newlegislation limiting conglomerate mergers.The Chairman testified before the Senate on theneedforconglomeratemergerlegislationandendorsedtheapproachtakeninastaffproposal for legislation which was also submitted to the Senate.C Media Concentration.A symposium was held, and Congressional testimony was presentedby Commission staff about the issues raised by mergers and acquisitions in the media sector,such as impact on diversity of information sources.C Medigap Insurance.A report was issued and testimony presented questioning the valuesome consumers receive from health insurance designed to supplement their Medicare orMedicaid insurance.C Land Sales.FTC staff testified in favor of strengthening legislation thatwould preventdeception in land sales.C Credit Insurance.FTC staff testified on the growing credit insurance industry and the salespractice of tying that insurance in with the granting of credit.C Automobile Warranties.FTC staff testified in favor of a stronger warranty protection billfor the automobile industry.2. Support to the States.C The Commission staff, in response to requests from state antitrust officials, continued toprovideinformaladviceonalargerangeofissues.Staffalso providedspecificfactualinformation where appropriate (e.g., for state Attorneys General who have followed up theCommission's Levi Strauss order with treble damage actions on behalf of their citizens), andparticipated in various antitrust training programs sharing experience and knowledge withstate officials who have an increasing role in antitrust enforcement.C Automotive Pollution.The Commission staff filed written documents with the CaliforniaAir Resources Board supporting revision of state regulations to preserve competition in theservicing of automotive pollution control devices without sacrificing environmental goals.C Life Insurance Cost Disclosure.The Commission proposed model legisla-ANNUAL REPORT 1979 9tiononlifeinsurancecostdisclosurewhich,ifadoptedbythestates,wouldpermitconsumers to make price comparisons among life insurance policies.C Generic Drug Substitution.The FTC staff is providing support to requesting states on itsmodel act designed to save consumers money by allowing pharmacists to substitute lower-priced generic drugs.3. Support and Advice to Other Agencies.C Railroads and Trucking.The Commission and its staff continue to participate in InterstateCommerce Commission proceedings, urging an end to antitrust immunities for rate bureausand greater rate and entry flexibility, in order to lower prices and improve service.C DeepwaterPorts.AcompetitionimpactreportwasfiledwiththeDepartmentofTransportation concerning the proposed deepwater crude' oil port in Texas.C Residential Conservation.The Commission filed with the Department of Energy commentsonconsumerandcompetitiveeffectsofaDOEprogramaimedatmakingthenation'sdwellings more efficient.C Oil, Natural Gas, and Gasoline.Also before DOE, the staff filed comments analyzing theeffects of price decontrol on the supplies of leaded and unleaded gasoline, analyzing a DOEproposal for the phased decontrol of crude oil, and supporting a newly proposed accountingsystem for oil and gas producers.C AutoEmissionWarranties.TheCommissionfiledcommentswiththeEnvironmentalProtectionAgencyurgingittoconsiderthepotentiallyanticompetitiveeffectsofitsproposed warranty regulations for automobile emission control systems as well as the effectsofCalifornia'semissioncontrolwarrantyregulations.OfparticularconcerntotheCommission was the possible adverse impact on small independent automobile repair shopsand the independent auto parts manufacturing sector.C Public Service Announcements.The FTC filed comments at the Federal CommunicationsCommission urging that more time be freed on commercial television and radio stations formessages from government and nonprofit organizations.C Government Advertising.The FTC offered its staff assistance to nine government agenciesthat disseminate national advertising so that the agencies could guard against deception intheir ads.B. INJUNCTIONS.In Section 13(b) of the FTC Act, Congress authorized the Commission to seek injunctions in Federalcourt when it has reason to believe that such a remedy10 FEDERAL TRADE COMMISSIONfor a law violation would be in the public interest.During FY 1979 the Commission used this important toolin support of both its competition and consumer protection missions.For example:C the Commission sought a preliminary injunction to block the acquisition by Exxon Corp. ofRelianceElectric,andobtainedanorderpermittingthestockacquisitionbutrequiringExxon Corp. to hold Reliance's Drive Group as a wholly separate entity until the case canbe decided on its merits.This decision was the first time in the sixty-year history of theClayton Act that interim equitable relief had been entered solely on the basis of the actualpotential competition doctrine.C the Commission sought an injunction against the acquisition of Harnischfeger Corporationby Mannesmann A.G. After oral argument, the merger was abandoned and no decision wasever rendered.C in the first try for a permanent injunction without having obtained a cease and desist orderorwithouttherespondent'sstipulatingtotheinjunction,theFTCisseekinganorderrequiring a mobile homes seller to notify past customers of additional warranty rights thatmay save them substantial repair expenses.C. INNOVATIVE REMEDIES.Atraditionalorderto"ceaseanddesist"maynotalwaysbethemosteffectivewaytoensureprotection of the public interest.In 1979 the Commission applied several new and frequently innovativeremedies:C three aircraft manufacturers signed consent orders agreeing not to make payments to foreignofficials for the purpose of eliminating Consideration of competitors' products and to keepdocumented records of other payments to foreign officials.C byobtainingaconsentorderprovidingforrepairsonallegedlydefectiveheatpumpsmanufactured by the Fedders Corporation, the FTC effected a "recall" for the first time inits history and perhaps the first time in government for a nonsafety-related defect.C theCommissionisseeking$2.64millionincivilpenaltiesfromHertzCorporationforalleged violations of the Holder-in-Due-Course rule in used car contracts.C in an effort to save consumer redress won in a 1974 consent order, the Commission modifiedthe order against GAC Corporation to protect customers' rights over those of creditors.C for the first time, the FTC attempted to transfer part of the responsibility of ad substantiationto the creators of the advertisements.In a consent order with the nation's largest advertisingagency, J. Walter Thompson,ANNUAL REPORT 1979 11the FTC provided an incentive for the agency to indicate to the advertiser in advance of anyad campaign all claims the agency thought the prospective advertising suggested, so that theadvertiser could substantiate themC aspartofaconsentsettlement,AMF,Inc.,whichhadrunadvertisementsforbicyclesdepicting children using the bicycles in an allegedly unsafe manner, agreed to produce apublic service television message on bicycle safety and to disseminate the message as widelyas possible.C the Commission is exploring whether effective consumer education can discourage potentiallaw violations as much as or more than traditional litigation or rulemaking remedies.Radioandtelevisionpublicserviceannouncementshavebeenairedasanadjuncttolawenforcement.IV. EFFECTIVENESSThe FTC's effectiveness is demonstrated by both the direct dollar benefits its actions have broughtconsumers and by reported indirect effects on the marketplace.A. DIRECT BENEFITS.Whileprecisesavingsaredifficulttodetermine,someexamplesoftheamountsreturnedtoconsumers as a result of FTC actions are available.For example:C theCommissionacceptedaconsentorderwithBankersLifeand CasualtyCompany inwhich Bankers agreed to refund up to $8 million to dissatisfied purchasers of land and tocancel $6 million worth of remaining obligations.C Universal Training Service agreed to make up to $750,000 available as refunds to more than4,000 students who were allegedly misled on its heavy-construction, motel and insurance-adjustor courses.C in a case settled with Ford Motor Company and its credit subsidiary, involving consumerswhose cars were repossessed because of debt-but who were not reimbursed when the saleprice exceeded the debt-over $100,000 will be returned to consumers.C amajor heatpumpmanufacturerisnotifyingconsumersofitsoffertorepairallegedlydefective parts in some 40,000 of its products and to reimburse owners who have alreadypaid for repairs.B. INDIRECT EFFECTS.Often times preliminary actions taken by the Commission, such as the initiation of investigations,theissuanceofpolicystatements,andthecommencementofrulemakingandadjudicativeproceedings,prompt voluntary responses by concerned parties.Such voluntary action, taken without the compulsion ofa final order or rule, may have far-ranging therapeutic effects in the marketplace.12 FEDERAL TRADE COMMISSIONFollowingaresomeexamplesthatobservershavecited,althoughitshouldbecautionedthatintheunderlying Commission action mentioned, no final determinations have been made by the Commission asto what the proper disposition should be:C Business Week reports that FTC intervention has intensified competition and helped lowerprices in the soft contact lens market.Bausch & Lomb, Inc., whose market share droppedfrom almost 100% in the early 1970's to about 50% in 1979, responded in April of 1979 bycutting its prices 28%.C the Interstate Commerce Commission has issued a notice of proposed rulemaking seekingpublic comments on, among other things, the FTC petition to establish a zone within whichmotor carriers may raise or lower their rates without risk of rate suspension.If adopted, thisrule would permit greater price competition in the industry.C initsdecisionadoptinganew,procompetitivepolicyformotorcarrierentrycases, theInterstate Commerce Commission noted that it had relied on comments and data submittedby the FTC to support its new policy.C according to Allendale Mutual Insurance Company and Arkwright Boston ManufacturersMutual Insurance Company, the firms "abandoned their proposed merger as a result of theBureau of Competition's recommendation to the Commission that a complaint be issued."The staff's recommendation was based on the probability that competition would have beenreduced as a result of the merger.C during the time the FTC's eyeglass advertising rule was in effect, the Consumer Price Indexforeyeglassesincreasedonly 4.3%,comparedto9.1%for allgoodsandover 13%formedical care generally.C the FTC order barring Levi's from fixing the retail price of its products continues to spurcompetition: the Washington Post recently reported that blue jeans were one of the handfulof items whose price actually decreased in 1979.Inflation of less than two percent a yearinwomen'sclothinghasfollowedaseriesofFTCconsentordersintheclothingfieldbanning retail price fixing.C the joint FTC/HEW model state law on generic drug substitution is beginning to have animpact; already four states have used our model to improve their laws, and several othersare actively considering the issue.C anticipated FTC activity against car manufacturers because of unreasonable rust-spottingon new cars probably contributed significantly to three manufacturers' recent adoption ofa rust warranty.C. OTHER MEASURES OF EFFECTIVENESS.Beyond such case-by-case evidence of effectiveness, the Commission has undertaken a major effortto evaluate systematically the economic effects of itsANNUAL REPORT 1979 13activities.Information is now being gathered on the impact of the Commission's rulemaking effortsconcerning cooling-off, franchising, and vocational schools.Data are being collected before possibleissuance of proposed rules on R-value, care-labeling, and used cars.In FY 1979, the Commission spent $776,000 to study the impact of other proposed rules orenforcement efforts, including those governing contact lenses, eyeglasses advertising, and correctiveadvertising.Results of all these studies should be available within the year.The Commission also has undertaken a variety of projects to assess the effectiveness of itsantitrust litigation.It has contracted with several economists to measure the economic impact ofvarious antitrust cases brought by the FTC.If successful, these projects will provide an estimate ofthe dollars consumers have saved as a result of these actions and the effect, if any, such actions havehad on the quality of products and services.V.SIMPLIFYING, SPEEDING AND IMPROVINGTHE ADMINISTRATIVE PROCESSTheFTCseekstomakeitsadministrativeprocessmoreefficientandlessburdensome,without sacrificing fairness, openness, or accuracy.The Commission also attempts to maximizecoordination with other government entities.In 1979 we took major steps toward improving ouradministrative process:A. CUTTING DOWN ON REPORTING REQUIREMENTS.The Commission has revised its premerger notification regulations to exempt certain smallermergers and acquisitions.This change exempts approximately 20% of the transactions previouslysubject to a waiting period and reporting obligation.B. SPEEDING UP ADMINISTRATIVE LITIGATION.TheCommissionadoptednewrulestostreamlinethediscoveryprocessinadjudication.These rules, which are patterned in some respects after the Federal Rules of Civil Procedure, areintended to strengthen the ability of the Administrative Law Judge to control and speed up discovery.C. REGULATORY CALENDAR.TheCommissionparticipatesintheAdministration'sregulatorycalendarinanefforttoinform the public at the earliest possible time of contemplated actions.APPENDIXA. PART II (Investigative Stage)CONSENT AGREEMENTS ACCEPTEDAND PUBLISHED FOR COMMENT1. Consumer Protection Mission792 3016 C.L. Energy Development, Inc., et al.Theorderwouldprohibitthecompanyfrommakinggas-savingclaims for the "G.R. Valve" and similar products unless the claimswere true and substantiated.792 3087 RR International, Inc.Theorderwouldprohibitthecompanyfrommakinggas-savingclaims for the "G.R. Valve" and similar products unless the claimswere true and substantiated.792 3038 Montgomery Ward and Co., Inc.The order requires the company to notify the 200,000 purchasers ofcertain wood-burning heaters and Franklin fireplaces of a potentialfire hazard and to correct the condition or refund the entire purchaseprice.762 3119 Home Centers, Inc.A chain of appliance stores in Ohio would be stopped from allegedlymisrepresenting price reductions and potential savings to consumers.782 3025 AMF, Inc.The order would prohibit the company from engaging in advertisingdepicting children riding its "Evel Kneivel" bicycles or tricycles in anunsafe manner. The company also agreed to prepare and distributepublicservicesafetymessagesforuseonchildren'stelevisionprogramming.792 3015 American Consumer, Inc., et al.Theorderwouldprohibitthecompanyfrommakinggas-savingclaims for the "G.R. Valve" and similar products unless the claimswere true and substantiated.792 3059 Admarketing, Inc.This advertising agency that prepared television advertisements for16 FEDERAL TRADE COMMISSIONtheG.R.Valvewouldberequiredtohaveonhandreasonablesubstantiation for any claims made in its ads.792 3060 Gordon CooperThe former astronaut and an endorser of the G.R. Valve would beprohibitedfrommakingclaimsabouttheG.R.Valveandotherproducts without independent substantiation from a source other thanthe advertiser.782 3077 Westinghouse Credit Corp.The order would require the company to disclose to credit applicantsthereasonstheywererejected,tocomplywiththeEqualCreditOpportunity Act, and to notify applicants of their rights under the Act.ThecompanyalsowouldeducatebothitsemployeesandparentWestinghouse's retail dealers to guard against future violations of theAct.2. Competition Mission781 0009 Forbes Health System Medical Staff, et al.The agreement would prohibit Forbes Medical Staff from excludinganyapplicantfromappointmenttothemedicalstaffbecausetheapplicant is associated with a Health Maintenance Organization orpractices medicine on other than a fee-for-service basis.761 0081 Eli Lilly and Co., et al.The agreement would require that Eli Lilly license other companiesto use its U.S. patents and know-how in producing insulin.B. PART II (Investigative Stage)CONSENT AGREEMENTS ISSUED IN FINAL FORM1. Consumer Protection MissionC-2938 Owens-Illinois, Inc., et al.Ordered to refund an estimated $30,000 to 7,000 end-use purchasersofdisposableglassculturetubesascompensationforshortcountpackages purchased in the past.C-2964 Aluminum Co. of AmericaOrdered not to make false fuel savings claims for its aluminum sidingand to disclose the "R-value" of the product in future ads.C-2976 International Inventors, Inc.This service company for inventors was ordered to disclose itsANNUAL REPORT 1979 17"success" ratio to prospective customers and provide a ten-day cooling-off period.C-2932 National Indemnity Co., et al.OrderedtoceaseviolatingtheFairCreditReportingAct'sprenotification requirement when seeking an investigative consumerreport on insurance applicants.C-2931 Marathon Oil CompanyProhibited from retail credit collection lawsuits in counties other thanwhere the defendant currently resides or resided at the time the creditcontract was signed.C-2933 Moore and Associates, Inc.Ordered to comply with the Fair Credit Reporting Act by preventingthe improper use of obsolete information.C-2934 Bede aircraft, Inc., et al.Ordered to place itself under the control of a trustee to serve the two-fold purpose of protecting consumers as well as preserving optionsfor the continued viability of this small business, an order which wasdesigned to provide consumer redress of about $9,000,000.C-2936 Credit Bureau Associates, et al.Ordered to stop alleged violations of the Fair Credit Reporting Act,to promptly reinvestigate disputed information in consumer reports,and to notify the consumer of the results.C-2937 Corning ClassworksOrdered to refund an estimated $118,000 to 6,000 end-use purchasersofdisposableglassculturetubesascompensationforshort-countpackages purchased in the past.C-2940 Aldens, Inc.RequiredtocontactallwaitresseswhoweredeniedcreditfromOctober 28, 1975 until March 22, 1977 and to invite them to reapplyfor credit, and to consider the new applications without regard to sex.This action was brought under the Equal Credit Opportunity Act.C-2941 Nelson Brothers Furniture Corp.Prohibited from false pricing and savings claims and required to givecustomerstheoptiontosubmittoarbitration,atnocost,anyunresolved dispute over the quality, condition or failure to replace' ormake refunds for damaged or defective merchandise.18 FEDERAL TRADE COMMISSIONC-2939 Womack Nursery Co.This mail-order nursery in Tennessee was ordered to disclose in itsadvertising a warning of the risk of receiving dead trees and nurserystock when ordering by mail and to stop allegedly deceptive practices.The agreement provides up to $200,000 in redress to consumers.C-2945 The Hertz CorporationRequired to notify and to refund over $1.25 million to customers withcredit balances, and to refund automatically unclaimed money afterseven months.C-2946 Norris Industries, Inc.Required to have a reasonable basis for making performance claimsfor any major home product.C-2948 Kelcor Corp.RequiredtostopviolatingtheTruth-In-LendingAct,andtotellborrowersthatcreditinsurancemayresultininterestchargedathigher annual percentage rates.C-2949 Art Instruction SchoolOrdered not to misrepresent that its students would earn high salariesor readily obtain employment through the school's placement service.The company also agreed to refund up to 25% of the tuition paid byformer students.C-2954 Kaufman and Broad, Inc.The nation's fifth-largest home builder was ordered to repair majorconstruction defects and certain other plumbing, electrical, heating,and cooling defects in approximately 20,000 homes sold since 1972.C-2961 Interrnatic, Inc.The manufacturer of the electric waterheater timer called the "LittleGray Box" was ordered to stop allegedly deceptive advertising of thedevice (use of which allegedly causes consumers to spend more inenergy in reheating their water than they save in not having to keepit warm throughout the day).The company agreed to provide a fullrefund of purchase price and installation charges.C-2960 Renault USA, Inc.Ordered to extend some warranty coverage for approximately 50,000cars manufactured after July 1975.ANNUAL REPORT 1979 19C-2965 General Mills Fun Group, Inc.Ordered not to use any film or camera technique that misrepresentsto children a toy's size, appearance or performance.C-2966 General Motors CorporationOrderedtostopsellingcarswithenginesandotherautopartsmanufacturedbyGMdivisionsotherthantheonewhosemakeappears on the car unless it discloses that to purchasers.C-2971 Fedders CorporationOrdered to repair more than 40,000 allegedly defective heat pumpsandtoreimburseownersforthecostofpastrepairs(thussavingconsumers an average $250-$400).C-2972 Arnaudville Industries, Inc.This manufacturer of mobile homes was ordered to extend warrantycoveragetoseveralthousandmobilehomeownersandtostopadvertising its allegedly misleading "full one-year limited warranty,"in violation of the Magnuson-Moss Warranty Act.C-2973 Madison Mobile Modular HomesThis manufacturer of mobile homes was ordered to extend warrantycoveragetoseveralthousandmobilehomeownersandtostopadvertising its allegedly misleading "full one-year limited warranty,"in violation of the Magnuson-Moss Warranty Act.C-2975 The Clorox CompanyOrdered Soft-Scrub cleanser to carry a label warning that its use canscratch certain surfaces.C-2979 Chrysler CorporationThis manufacturer of heavy-duty trucks was ordered to assign modelyears to trucks, where previously the model years were not assigned,which allegedly facilitated representing them as new if they were leftover from a previous year.C-2978 Mack Trucks, Inc.This manufacturer of heavy-duty trucks was ordered to assign modelyears to trucks, where previously the model years were not assigned,which allegedly facilitated representing them as new if they were leftover from a previous year.C-2982 White Motor Corp.This manufacturer of heavy-duty trucks was ordered to assign modelyears to trucks, where previously the model years were not assigned,which allegedly facilitated representing them as new if20 FEDERAL TRADE COMMISSIONthey were left over from a previous year.C-2981 Paccar, Inc.This manufacturer of heavy-duty trucks was ordered to assign modelyears to trucks, where previously the model years were not assigned,which allegedly facilitated representing them as new if they were leftover from a previous year.C-2983 International Harvester, Inc.This manufacturer of heavy-duty trucks was ordered to assign modelyears to trucks, where previously the model years were not assigned,which allegedly facilitated representing them as new if they were leftover from a previous year.C-2980 Ford Motor Co.This manufacturer of heavy-duty trucks was ordered to assign modelyears to trucks, where previously the model years were not assigned,which allegedly facilitated representing them as new if they were leftover from a previous year.C-2984 Woodland Mobile Homes, Inc., et al.California's largest mobile home dealer was ordered to comply withtheMagnuson-MossWarrantyActandopenlydisplaywrittenwarranties on mobile homes and appliances.C-2884 Diners Club, Inc., et al.The order modifies a 1977 consent order by removing Diners Club'sresponsibility for assuringcompliance by another company, whichwas recently sold by Diners Club.C-2987 Korvette's, Inc.Ordered to comply with the Magnuson-Moss Warranty Act and anFTC trade regulation rule requiring stores to have on hand pre-salewarranty information for consumers on products costing more than$15 and to disclose to consumers that it is available.C-2989 ITT Continental Baking Co., Inc.Themanufacturerof"FreshHorizons"and"WonderBread"wasorderedtodisclosethepresenceofwoodpulpandother"uncommonly used" ingredients in its bread products.C-2523 GAC CorporationTheCommissionmodifieda1974consentorderagainstGACtopreserve customers' rights to refunds for their land sales purchasesduringthecompany'sreorganization.A$10millionfundwasestablished to improve land sites, and a federal court in Florida ruledthat customers would be given first priority overANNUAL REPORT 197921 other creditors if the company is forced to liquidate.2. Competition MissionC-2935 National Fire Hose Corp., et al.Orderedtostopimposingterritorialandcustomerrestrictionsondistributors of fire hose.C-2943 The Boeing Corp.Prohibitedfromgivingpreferentialpaymentstoforeignpartiestosecure aircraft sales.C-2944 Lockheed Aircraft Corp.Prohibitedfromgivingpreferentialpaymentstoforeignpartiestosecure aircraft sales.C-2942 McDonnell-DouglasProhibitedfromgivingpreferentialpaymentstoforeignpartiestosecure aircraft sales.C-2947 Advertising Checking Bureau, Inc.TheorderprohibitsAdvertisingCheckingBureau,Inc.fromdeveloping or administering cooperative advertising programs whichlimit the rights of dealers to receive cooperative advertising creditswhen they sell merchandise at reduced prices.C-2951 Zayre Corp.Prohibited from requiring suppliers to participate in trade shows andfrom soliciting preferential advertising and promotional allowances.C-2952 American Society of AnesthesiologistsOrderedtostopprohibitingitsmembersfromacceptingsalaried,rather than fee-for-service, employment.C-2953 Federal Signal Corp.Theorderbarsthenation'slargestmanufacturerofcivildefensewarningequipmentfromengaginginspecifiedcollusiveandanti-competitive activities and in competitive restraints in the sale to stateandlocalgovernmentsofpublicsafetyequipment,suchasradios,sirens, and signaling devices.C-2955 CPC International, et al.The order requires the divestiture of an aerosol packaging facility byCPCInternational,Inc.,anditswholly-ownedsubsidiaryPeterson/Puritan Inc.22 FEDERAL TRADE COMMISSIONC-2956 Louisiana Pacific CorporationRequiredtodivestanacquiredplantthatmanufacturesmediumdensity fiberboard, acquired in a merger with Fiberboard Corp.C-2958 Federated Department StoresProhibited from entering into any agreement between a Federated-operated department store and a shopping center developer that wouldenablethedepartmentstoretoinfluencethemakeupofshoppingcenters.C-2959 Crane Co., et al.RequiredtodivestanIllinoiscementplantownedbyMedusaCorporation.C-2957 Indiana Dental Association, et al.Prohibited from restricting the efforts of health insurers to hold downthe cost of dental care for their policyholders.C-2967 California Medical, AssociationProhibited from publishing relative value scales for use in setting feesfor professional services. (Relative value scales set fixed ratios amongfees for various services.)C-2962 Huk-,A-Poo Sportswear, Inc., et al.Two affiliated national clothing concerns are prohibited from settingretail prices of their products, leaving retailers free to make their ownpricing decisions.C-2963 International Brotherhood of Teamsters, Local 959Ordered not to engage in agreements that require general contractorsto boycott non-union subcontractors.C-2968 Inland Empire Roofing Contractors Assoc.Prohibited from interfering with the prices charged or the guaranteesoffered by its members in Idaho and Washington.C-2969 Appliance Dealers CooperativeProhibitsaNewJerseyretailerscooperativefrominterferingwithsome members' pricing and marketing decisions.C-2970 Cooper Industries, Inc.This major manufacturer of gas compressors and hand-held industrialair tools was ordered to divest certain assets after its acquisition ofGardner-Denver Co.C-2974 Motherhood Maternity Shops, Inc., et al.Prohibits a manufacturer and retailer of maternity clothes fromANNUAL REPORT 1979 23fixing or suggesting the prices at which independent retailers sell itsproducts.C-2977 Jonathan Logan, Inc.Theconsentorderbarsoneofthenation'slargestsuppliersofwomen's apparel from fixing the resale prices of its apparel products,leaving retailers free to make independent pricing decisions.C-2985 Pendleton Woolen Mills, Inc.Prohibited from fixing the retail prices of its clothing, blankets, andfabric.C-2986 Schering Plough Corp.Required to divest Scholl, Inc.'s athlete's foot product business.C-2988 Howard Johnson Co.Prohibitedfromrequiringitsrestaurantfranchiseestopurchasecertain food products from the respondent.C-2990 Liquid Air Corp. of North America, et al.Requiredtodivestcertainair-separationplantsandcertainretailstores.ChemetronCorp.,anditsparent,AlleghenyLudiumIndustries, Inc., also signed the consent agreement.C-2950 New Jersey Pest Control Assoc.Requiredtoceaseanddesistfromfixingprices,discouragingdiscounters, and restricting price information in ads.C-2930 John Hancock Mutual Life Insurance Co., et al.Dissolved interlocking directorates between Liberty Mutual InsuranceCo.,Boston,Mass.andthefollowingthreecompetinginsurancecompanies:JohnHancockMutualLifeInsuranceCompany,NewEnglandMutualLifeInsuranceCompany,andStateMutualLifeAssurance Company of America.C.COMPLAINTS1. Consumer Protection MissionDkt. 9123Litton IndustriesThecomplaintallegesthatLittonmisrepresenteditsmicrowaveovens' performance via a biased survey.Dkt. 9124 George Irvin Chevrolet, Inc.The complaint alleges violation of the Truth-in-Lending Act becausethe required credit disclosures in television adver-24 FEDERAL TRADE COMMISSIONtisements were too small or were shown too quickly to be "clear and conspicuous."2. Competition MissionDkt. 9119 Lancaster Colony Corp., et al.Thecomplaintallegesthattheproposedacquisitionoftheentiremachine-made glassware manufacturing facilities of Federal PaperBoard Company by Lancaster Colony Corp could substantially lessencompetition in the machine-made glassware industry.Dkt. 9118 Indiana Federation of DentistsThecomplaintallegesthattheIndianaFederationofDentistshasrestricted the efforts of health insurers to hold down the cost of dentalcare for their policyholders.Dkt. 9120 Borg-Warner Corporation, et al.The complaint alleges that simultaneous membership by individualrespondents on the boards of directors of competing automotive partsandproductscompaniesviolatesfederallawswhichprohibitinterlocking directorates.Dkt. 9126 National Tea Company, et al.ThecomplaintchallengestheproposedmergerofNationalTeaCompany and Applebaum's Food Markets, Inc., two leading groceryretailers in the Minneapolis-St.Paul area.The complaint chargesthat the merger would eliminate competition between the companies,increase concentration in the retail grocery store business and weakencompetition from independent retail grocery competitors.Dkt. 9121 Grand Union Company/Colonial Stores, Inc.The complaint alleges that the acquisition of Colonial Stores, Inc. (aretailfoodchain)byGrandUnionCompany(theeleventhlargestretailfoodchainintheUnitedStates)maysubstantiallylessencompetition and increase the probability of industry concentration.Dkt. 9122 Lone Star Industries, Inc., et al.ThecomplaintallegesthattheacquisitionofKeystonePortlandCementCo.,anactualcompetitor,byLoneStarIndustries,thenation'slargestcementproducer,couldeliminatecompetitionbetween the two companies, eliminate Keystone as a competitor inthe industry, and increase the probability of industry concentration.ANNUAL REPORT 1979 25Dkt. 9125 BASF Wyandotte CorporationThecomplaintchallengestheacquisitionofaU.S.producer(Chemetron Pigments Division) of organic pigments by the domesticsubsidiary of a leading worldwide pigments producer (BASF A.G.).The complaint alleges that the acquisition will substantially lessencompetition or tend to create a monopoly in the manufacture and saleof organic pigments.These products are a family of chemicals usedinawidevarietyofapplicationsrangingfromprintinginkstoautomotive coatings.Dkt. 9127 The Southland Corporation/Knowlton's, Inc.ThecomplaintchallengestheproposedacquisitionofKnowlton's,Inc. by the Southland Corporation.Southland is a major operator andfranchiser of convenience food stores as well as one of the nation'slargestdairyprocessors.Knowlton'sisoneofthelargest,independent dairy processors in the San Antonio market area.Thecomplaint alleges that the acquisition will eliminate Knowlton's as acompetitor, lessen competition, and increase already high levels ofindustry concentration.Dkt. 9128 Ethyl Corporation, et al.The complaint charges "antiknock" additive makers for gasoline haveengagedinpracticesthatunlawfullyreducedoreliminatedcompetition.The complaint alleges that Ethyl Corp., E.I. DuPont deNemours&Co.,PPGIndustries,Inc.,andNalcoChemicalCo.facilitatedmaintenanceofuniformpricesby,amongotherthings,"signaling"futurepricechangestocompetitors.Inadditionto"signaling,"thecomplaintallegesthateachcompanylesseneduncertaintyabout pricemovementsandfacilitatedmaintenanceofsubstantially uniform prices by selling only on a uniform deliveredprice basis.With the exception of PPG Industries, the companies arealsoallegedtohaveused11mostfavored"customeragreementspromising a buyer the lowest price the seller charges other buyers.Dkt. 9129 Michigan State Medical SocietyThe complaint alleges that the Michigan State Medical Society hasactedunlawfullytoreduceoreliminatepricecompetitionamongphysiciansinMichigan.Thecomplaintchargesthatthesocietydeprived subscribers and consumers of the benefits of Blue Cross andBlue Shield of Michigan's independently determined reimbursementpolicies or health-care cost-containment efforts.Dkt. 9130 Exxon Corporation/Enco Inc.The complaint challenges Exxon's acquisition of Reliance Elec-26 FEDERAL TRADE COMMISSIONtricCompany,aleadingproducerofelectronicvariablespeedindustrial drives (ESVD).The complaint alleges that the acquisitionwillincreasethe levelofconcentrationinthemarketoreliminatecompetition in the development of ESVD technology and products.D. PART III (Litigation Stage) CONSENT AGREEMENTS1. Consumer Protection MissionDkt. 9082 Vital-E, et al.Requiredtostopmakingallegedlyfalseclaimsaboutvitaminproducts and weight-loss devices, to disclose any health or cosmeticrisks these products pose, and to offer full refunds to purchasers ofsuch products.Dkt. 9090 Royal Furniture Company, Inc.RequiredtoprovideappropriateTruth-in-Lendingdisclosuresinconsumer credit transactions, to stop using allegedly harassing debtcollectionpractices,andtoestablishaprocedureforhandlingconsumer complaints regarding defective or damaged merchandise.Dkt. 9055 Cavanagh Communities CorporationOrdered to disclose that certain land it sold as homesites was roadlessor susceptible to flooding, to disclose that the land might not be asvaluable as it wasmarketed to be, and to allow purchasers to stopmaking payments on the land at a lesser penalty that the purchaserhad agreed to in the original contract.Dkt. 9106 Universal Training Service, Inc.Ordered to pay up to $750,000 in tuition refunds to students and todisclosetoprospectivestudentsjobplacementratesforpreviousstudents along with their starting salaries.Dkt. 9042 Coventry Builders, Inc.Thishomeimprovementcompanywasprohibitedfromfailingtoprovide credit cost disclosures required by the Truth-in-Lending Act.Dkt. 9078 National Systems Corp., et al.NorthAmerica'stencorrespondenceschools(indrafting,hotelmanagement, advertising, and conservation, among others) orderedto refund up to $200 per course to former students and to refrain frommisleading prospective students about theirANNUAL REPORT 197927ability to get jobs after having completed a course.Dkt. 9001 Ford Motor CompanyOrdered not to misrepresent the fuel economy, structural strength, orquietness of its Lincoln and MercuryCars and placed all Ford carsunderageneralrequirementthatanyperformanceclaimbesubstantiated.Dkt. 9075 Bankers Life and Casualty Company, et al.Ordered to refund up to 70% of the purchase price of land sites to asmanyas7,600customers,tocancelcurrentcustomer'scontractswithoutpenaltybecausethecompanyallegedlymisleadinglymarketed the land, and to stop claiming the land is a good investmentunless it can substantiate the claims.Up to 88 million in refunds and$6 million in contract cancellations should result.Irving Miller, aprincipal of Bankers Life, agreed in a separate order not to be a partyto any future false or deceptive advertising or marketing of land.Dkt. 8922 Beneficial CorporationOrdered to stop using the term "instant Tax Refund" unless it alsodisclosed that the company was merely offering a regular consumerloan that is irrelevant to the tax return.Dkt. 9073 Ford Motor Company and Ford Motor Credit Co., Inc.Ordered to establish an accounting system for its dealers to refundpromptly any excess credit balance funds realized from the sale ofrepossessed cars.Dkt. 9104 / . Walter ThompsonThe nation's largest advertising agency was ordered to have on handa "reasonable basis" for ads for dishwashers.Dkt. 9109 Karr Preventative Medical ProductsThe order would require the manufacturer of Acne-Statin skin creamand its advertising agency, National Media Group, Inc., not to claimthat the product cured acne without a reasonable basis for the claim,to notify past purchasers of its allegedly misleading advertising, andto refund up to $235,000 to past purchasers.Dkt. 9099 Bell & Howell CompanyIn one of the largest monetary settlements in the history of the FTC,the company would be ordered to refund up to $1.4 million to certainof its vocational school students.The FTC, for the first time, wouldhave control over how the redress is distributed to the eligible classesof students.28FEDERAL TRADE COMMISSION2. Competition MissionDkt. 9003 Nestle Alimentana, S.A., et al.Nestle is a Swiss corporation marketing a variety of food productsworldwide. Under the terms of the consent order, Nestle agreed todivest a Wisconsin frozen-food plant within one year in settlement ofa Commission complaint challenging the company's 1973 acquisitionof Stouffer Foods. The complaint alleged that the acquisition wouldsubstantially reduce competition in the frozen entree market.Dkt. 9068 MacLeod Mobile Homes, Inc.Prohibitedfromconditioningtherentalofspaceinmobilehomeparks on the purchase of homes from the park's operator.Dkt. 9069 Mobile Homes Multiplex CorporationProhibitedfromconditioningtherentalofspaceinmobilehome,parks on the purchase of homes from the park's operator.Dkt. 9070 Harper Sales, Inc.Prohibitedfromconditioningtherentalofspaceinmobilehomeparks on the purchase of a home from the park's operator.Dkt. 9093 American Dental AssociationTheAmericanDentalAssociationagreednottorestricttruthfuladvertising by dentists under an interim settlement reached with theCommission. Final settlement of this case depends upon the outcomeof a similar suit brought against the American Medical Association.TheADAandotherrespondentsagreedtobeboundbythefinaloutcome of the AMA suit.Dkt. 9107 Harnischfeger CorporationHarnischfegerterminatedamergeragreementthatwouldhavecombined manufacturers of lattice boom cranes.Dkt. 9098 Harnischfeger, Inc.Airco, one of the nation's largest producers of industrial gases, alsosellsweldingproductsandindustrialgasestoweldersandotherindustrialusersforresale.TheCommissionconsentordersettlesallegations that Airco required its distributors to purchase their totalrequirements of each gas from Airco in order to purchase any gas orwelding product from the company. Under terms of the consent order,distributorsforAircocandemandprivatearbitrationtodeterminewhether Airco's refusal to sell them any gas or welding product wasinreprisalforthedistributor'selectiontopurchasefromanothersupplier.ANNUAL REPORT 1979 29Dkt. 9122 Lone Star IndustriesThe Commission accepted a consent order which settles a complaintchallengingaproposedmergerofLoneStarIndustries,Inc.andKeystonePortlandCementCo.Thetwocompaniesagreedtoterminate their agreement to merge.Dkt. 9089 Atlantic Richfield Co.Undertheconsentorderdesignedtoincreasecompetitioninthedomestic copper industry, the Atlantic Richfield Co. is required todivest itself of, among other properties, its 50 percent interest in ajoint copper mining venture in Arizona, three undeveloped copperhearing land properties and ARCO's 20 percent interest in a coppermining company.E.INITIAL DECISIONS1. Consumer Protection MissionDkt. 9111 Household Finance CorporationOrderedbyanFTCadministrativelawjudgetocomplywiththeTruth-in-Lending Act by properly computing the annual percentagerate of the total charge for credit and by undertaking other remedialmeasures.Dkt. 9067 Market Development/Columbia Research Corporation These mail-order marketers of vacations and household products wereordered by an FTC administrative law judge to stop using deceptivemeans of selling their products, such as offering "free" vacations inconnection with land-sales schemes and offering other "free" productswhose value is substantially less than advertised.Dkt. 9102 The Kroger CompanyOrderedbyanFTCadministrativelawjudgetostopusingprice-comparisonsurveysinitsgrocerystoresunlessitemploysanindependent firm and discloses to consumers the limitations of usingsuch a survey.Dkt. 9115 Georges Radio and Television CompanyOrderedbyanadministrativelawjudgetocomplywiththeMagnuson-Moss Warranty Act and an FTC trade regulation rule byoffering pre-sale warranties to consumers on appliances costing morethat$15andbynotmischaracterizingitsownwarrantiesas"fulllimited," in violation of the Act.30 FEDERAL TRADE COMMISSIONDkt. 8988 California Milk Producers Advisory, BoardAnFTCadministrativelawjudgedismissedthecomplaintwhichallegedtheBoarddeceptivelyadvertisedthat"EveryBodyNeedsMilk" when some medical authorities claimed milk was unhealthfulto some people.Dkt. 9073 Francis Ford, Inc.This Portland, Oregon dealer was ordered by an FTC administrativelawjudgetorefundexcessproceedsfromthesaleofcustomers'repossessed cars.Dkt. 9018 Amrep CorporationOrdered by an administrative law judge to stop using high pressuresalestacticsinthesaleofland,todisclosetopurchasersthelimitationsoftheuseandvalueofsuchland,andtoinformpastpurchasers of their current options, which might include cancelingtheir contracts.2. Competition MissionDkt. 9016 Herbert R. Gibson, Sr., et al.The initial decision prohibits present and former officials of severalGibson Corporations from boycotting suppliers who failed to pay feesfor participation in The Gibson Trade Show.The order also prohibitsHerbertR.Gibson,Sr.fromacceptingcommissionsfromasellerwhile acting as a buyer for Gibson retail stores.Dkt. 9079 Reuben H. Donnelly Corp.The initial decision orders the publisher of the Official Airline Guideto list flights of commuter and intrastate airlines on the same basisthatitlistsflightsofcertificatedairlines.Theadministrativelawjudge found that Reuben H. Donnelly Corp. discriminated against thecommuter airlines by failing to list commuter airline flights in thesame tables with major airlines.Dkt. 9108 E.I. Du Pont de Nemours and CompanyIntheinitialdecisiontheadministrativelawjudgedismissedthecomplaint which had charged Du Pont with an attempt to monopolizethe domestic titanium dioxide pigment market.Du Pont is the largestdomesticproduceroftitaniumdioxide,apigmentusedintheproduction of paints, inks, paper, and other materials to make themwhite and opaque.The judge ruled that Du Pont did not engage in agrowth strategy designed to exclude its competitors.ANNUAL REPORT 197931Dkt. 9077 General Motors CorporationThe initial decision ordered General Motors to change a substantialpartofitsmethodofdistributingcrash-susceptiblemotor-vehiclepartsfollowingafindingbytheadministrativelawjudgethattheexisting method was unlawful.The order requires GM to propose adistribution plan that does not discriminate against independent bodyshop operators and other commercial purchasers who compete withGM dealers in repairing crash damaged autos and light trucks.Dkt. 9080 Kaiser, Aluminum and Chemical Corp.The initial decision orders Kaiser Aluminum to divest two industrialplants acquired from the Lavino Division of International Minerals &Chemical Corporation.At the time of the acquisition, Kaiser was thenation's second largest producer of basic refractories.Lavino was thefourth largest producer.The administrative law judge found that theacquisition eliminated substantial actual competition between the twofirms and increased concentration in an already highly concentratedindustry.Dkt. 9064 American Medical AssociationIn the initial decision, the administrative law judge concluded that theAmericanMedicalAssociation,thenation'slargestassociationofphysicians, had restricted and frustrated competition in the provisionofphysicians'servicesthroughouttheUnitedStatesandcausedsubstantial injury to the consumer.The judge ruled that the AMA'sban on advertising was unlawful and deprived consumers of the freeflow of information about the availability of health care services.Thedecision further noted that the AMA's restrictions have discouraged,restricted,and,insomeinstances,eliminatednewandinnovativeforms of health care such as Health Maintenance Organizations.Theorder requires the AMA to revoke any existing ethical principles orguidelineswhichrestrictphysicians'advertising,solicitation,orcontractualrelations.Theorderdoesnotaffectethicalstandardswhich deal with the medical or therapeutic aspects of a physician'spractice.Dkt. 8904 Heublein, Inc.Intheinitialdecision,theadministrativelawjudgeruledthattheacquisition of the nation's second largest vintner by the fifth largestalcoholic beverage producer may substantially diminish wine industrycompetition.The judge ordered Heublein, Inc. to divest itself of thewine producer, United Vintners, Inc.In addi-32 FEDERAL TRADE COMMISSIONtion,forthenext10years,HeubleinisrequiredtoobtainpriorCommissionapprovalofanyacquisitionofawinecompanythatwouldgiveHeubleincontrolofmorethan10percentofthewinemarket.Dkt. 9116 Rhinechem Corp.Intheinitialdecision,theadministrativelawjudgedismissedthecomplaint against respondents Allegheny Ludlum Industries, Inc. andChemetronCorporation,wholly-ownedsubsidiaryofAlleghenyLudlum.Since the assets of Chemetron's Pigment Division were nolongerunderthecontrolofAlleghenyandChemetronbutwerepurchased by BASF in a transaction challenged by the Commissionin another proceeding the ALJ determined that it was unlikely that thechallenged acquisition of these assets by Rhinechem Corp. could evertake place.Dkt. 8859 National Industries, Inc.Intheinitialdecision,theadministrativelawjudgedismissedthecomplaintagainstrespondentsNationalIndustries,Inc.andCottCorporation on the grounds that neither respondent is now engagedin the soft drink business nor in the practices which were the focus ofthe complaint.F.FINAL LITIGATED ORDERS1. Consumer Protection MissionDkt. 9096 Howard Enterprises, Inc.Thispublisheroflistsofbadcheckpassersusedbyretailestablishments in Washington, Oregon, Idaho, Wyoming, and Ohiowas ordered to comply with the privacy safeguards of the Fair CreditReporting Act.An FTC administrative law judge had ruled the "AlertLists" were not subject to the Act.Dkt. 9045 The Raymond Lee OrganizationThis idea and invention promotion firm was ordered to disclose toprospective clients that it does not evaluate the merits of any ideassent to it and to disclose the number of clients in recent years whoactuallyreceivedmoremoneyfromthefirm'sservicesthantheywound up paying in fees.Also, the company was ordered to offer aten-day cooling-off period during which a customer may cancel thecontract for any reason.Dkt. 8987 National Commission on Egg NutritionOrdered to stop advertising that there is no scientific evidence thateating eggs increases the risk of heart disease.The U.S.ANNUAL REPORT 1979 33Supreme Court in October 1978 refused to review the order.2. Competition MissionDkt. 8992 Coca-Cola Bottling Company of New YorkThe Commission dismissed the complaint against Coca-Cola BottlingCompany citing insufficient evidence that Coca-Cola's acquisition ofFranziaBrothersWinery,aU.S.producerofgenerictablewines,would lessen competition.Dkt. 9023 Amway Corp., Inc.The Commission's final order prohibits Amway Corporation, a door-to-door marketer of household and consumer products from fixing theresalepricesofitsproductsandfrommisrepresentingtoitsprospective distributors the amounts of money Amway distributorsare likely to earn.Dkt. 9080 Kaiser Aluminum and Chemical Corp.The Commission ruled that the acquisition by Kaiser of the assets oftheLavinoDivisionofInternationalMinerals&ChemicalsCorporation was unlawful and ordered Kaiser to divest itself of theassets it obtained by the illegal acquisition and to restore Lavino as aviable entity of roughly the same competitive capacities it possessedbefore the acquisition.Dkt. 8859 National Industries, Inc.The Commission's final order adopts and makes effective the initialdecisionandorderdismissingthecomplaintagainstNationalIndustriesandCottCorporation.Theinitialdecisionfoundthatneither respondent is now engaged in the soft drink business nor inthe practices which were the focus of the complaint.Dkt. 9091 Pillsbury Company, et al.TheCommissiondismissedacomplaintagainstPillsburyCo.andFox Deluxe Foods, Inc., finding that a 1976 merger between the twocompanies did not violate the federal antitrust laws.The Commissionfoundthatthemergerwasnotlikelytohavesignificantanti-competitive effects on the frozen/prepared pizza market.Dkt. 9046 SKF Industries Inc., et alThe Commission ruled that an arrangement between SKF Industries,Inc. and Federal-Mogul Corp. unlawfully restrained competition inthedistributionofautomotivetaperedrollerbearings.TheCommission found that the two firms had unlawfully allocated theircombined share of the market for the34 FEDERAL TRADE COMMISSIONdistribution of bearings in the automotive aftermarket.As a result,directcompetitionbetweenthetwofirmswaseliminatedandpotential competition was foreclosed.Dkt. 8978 Borden Inc.TheCommissionorderedBordentoceaseattemptingtohinder,restrain or eliminate competition in the processed lemon juice marketby granting improper price reductions and promotional allowances toits customers, or by selling its product, ReaLemon, below cost or atunreasonably low prices.Dkt. 9084 TRW, Inc./Horace A. ShepardThe Commission ordered TRW, Inc.nottohave as a director onewho simultaneously served as a director of acompeting company.The Commission also ordered the individual involved not to servesimultaneously on the board of TRW and any competitor.Dkt. 9035 Kraftco Corp., et al.ThefinalorderonremandisidenticaltothatissuedbytheCommission on January 11, 1977 (89 F.T.C. 46) and requires SCMCorporation, a New York City producer of margarine, edible oils andbarbequesaucetoceaseseatingonitsboardofdirectorsanyindividualwhoissimultaneouslyservingontheboardofKraftcoCorporation, or any other competitive company.Dkt. 9116 Rhinechem Corp., et al.The Commission's final order sustains the administrative law judge'sdismissal of the complaint on the ground that changed circumstancesprecluded the possibility of the challenged merger.ANNUAL REPORT 1979 35INJUNCTIONSA. Consumer Protection Mission1. Virginia Homes Manufacturing Corp.The FTC has filed an action in the districtcourttoobtainapermanentinjunctionorderingthismobilehomessellertonotifypastcustomers of additional warranty rights which may save them substantial repair expenses.This was the first time the FTC had sought a permanent injunction without first obtaining acease and desist order or without the defendant's stipulating to the injunction.2. Ronald S. Kazdin, et al.An action filed in the district court to obtain a permanentinjunction ordering the defendant to cease selling and performing artificial hair implants andto provide refunds to consumers.B. Competition Mission1. The Southland Corp., et al.The Commission filed an action in federal district courtto obtain an injunction barring the acquisition of Knowlton's, by the Southland Corporation.Knowlton's is one of the largest independent dairy processors in the San Antonio marketarea.The injunction was denied but the court entered a hold separate order pending theresolution of the administrative complaint.2. National Tea Co., et al.The Commission sought a preliminary injunction in federaldistrict court in Minneapolis barring the merger between National Tea Co. and Applebaum'sFood Markets, Inc., until the complaint was resolved.National Tea Co. proposed to acquireApplebaum's, which would make National the largest operator of retail grocery stores in theMinneapolis area.The injunction was denied.3. Mannesmann AG, et al.The Commission filed a motion for preliminary injunctioninthefederaldistrictcourtinWashington,D.C.toblocktheplannedtakeoveroftheHarnischfeger Corp. by a West German firm, Mannesmann AG. The markets affected by theproposedacquisitionincludedindustrialcranes,miningshovels,hoistsandotherheavyequipment.The parties abandoned this proposed acquisition and no action was taken by thecourt on the injunction.4. ExxonCorp.etal.TheCommissionsoughtaninjunctionbarringExxonCorporation'sproposedacquisitionofRelianceElectricCo.inamotionfiledinfederaldistrict court for the District of Columbia.The injunction was denied but the court entereda hold separate order pending the outcome of the administrative complaint.36 FEDERAL TRADE COMMISSION CIVIL PENALTY CASESA. Consumer Protection MissionFTC Docket Nos.D-7305 and D-8803United States v. National Dynamics Corp., et al.Complaint Filed: 10/20/78This case is currently in litigation in the United States District Court of New York.A civil penaltysuit was filed on October 20, 1978 against the marketer of "VX-6" battery additive.In violation oftwo FTC orders, the firm allegedly made false claims with respect to the existence of laboratorytesting, endorsementsand testimonials, and earnings and profits to induce sales and attract newdistributors (82 F.T.C. 488; 85 F.T.C. 391).FTC File No. 772 3044United States v. Panacolor, Inc., et al.Complaint Filed: 10/27/78Judgment Entered: 10/27/78United States v. Panacolor, Inc., American Consumer, Inc., and Canyon House, Inc., Civ.Act.No.78-1997, United States District Court for the District of Columbia.Consent decree entered October27, 1978, in the amount of $40,000 for civil penalties and an injunction.The complaint allegedviolations of the FTC's Trade Regulation Rule pertaining to The Use Of Negative Option Plans bySellers in Commerce, 16 CFR 425.FTC File No. 782 3038United States v. Jim Clark's Beef, Inc., et al.Complaint Filed: 11/09/78This case is currently in litigation in the United States District Court for Kansas.The complaintalleges that defendants have advertised bulk freezer meats by engaging in practices that the FTCpreviously had determined to be unfair and deceptive in proceedings against Seekonk Freezer Meats,Inc., (FTC Docket 8880, 82 F.T.C. 1025 (1973)); Charnita, Inc., (FTC Docket 8829, 80 F.T.C. 892(1972)); Southern States Distributing Company, (FTC Docket 8882, 83 F.T.C. 1126 (1973)); andBeauty Style Modernizers, Inc., (FTC Docket 8898, 83 F.T.C. 1761 (1975)).FTC Docket No. C-1551United States v. Maylis Textile Corp., et al.Complaint Filed: 11/13/78Judgment Entered: 11/13/78United States v. May Textile Corporation, Morris Ellis, Sidney Landau, and Milton Steiger, 78 Civ.5098 (WK)ANNUAL REPORT 1979 37UnitedStatesDistrictCourtfortheSouthernDistrictofNewYork.ConsentdecreeenteredNovember 13, 1978, in the amount of $41,000 for civil penalties, a requirement that defendants haveall wool products they import tested for fiber quality, and an injunction.The complaint allegedviolations of an FTC order to cease and desist certain practices prohibited by the Wool ProductsLabeling Act of 1939.FTC File No. 772 3057United States v. Federated Department Stores, Inc.Complaint Filed: 11/16/78Judgment Entered: 11/16/78United States District Court for the Southern District of Ohio, Western Division.Consent decreeenteredNovember16,1978,intheamountof$50,000forcivilpenalties,arequirementthatdefendant invite rejected applicants for credit to re-apply, an explication of how rejected applicationsfor credit are to be explained to the applicants, and an injunction.The complaint alleged violationsof the Equal Credit Opportunity Act and its implementing regulation B, 12 CFR 202.FTC Docket No. C-2037United States v. The J.B. Williams Company, Inc., et al. Complaint Filed: 2/16/79Judgment Entered: 2/16/79UnitedStatesDistrictCourtfortheSouthernDistrictofNewYork;judgment intheamountof$75,000wasenteredonFebruary16,1979,againstdefendantJ.B.Williamsandits advertisingagency, for violating an FTC order (79 F.T.C. 420) by failing to disclose clearly and conspicuouslythat any weight reduction occurring after use of P.V.M. would be the result of a diet restrictingcaloric intake or exercise program.FTC Docket No. C-2491United States v. Atlantic Hosiery, Inc., et al. Complaint Filed: 2/28/79This case is currently in litigation in the United States District Court for the Southern District ofFlorida.The firm, a marketer of ladies hosiery and related products, allegedly misbranded and failedto clearly label the textile fiber products, in violation of a 1974 FTC order (83 F.T.C. 1365).FTC File No. 792 3034United States v. Lawson Hill Leather and Shoe Company, Inc.Complaint Filed: 3/08/79Judgment Entered: 3/08/79United States District Court for the District of Massachusetts; judgment was entered on March 8,1979, in the amount of $15,000 for civil penalties and38 FEDERAL TRADE COMMISSIONan injunction, for failure to send customers the proper delay notices as required under the Mail OrderTrade Regulation Rule.FTC Docket No. C-2711United States v. Maralco Enterprises, Inc., et al.Complaint Filed: 5/10/79Judgment Entered: 5/15/79United States District Court for the Southern District of New York.Defendant has agreed to pay$15,000 in civil penalties to settle charges that it distributed inaccurate placement information andsuccess rates of its graduates to prospective vocational school students.The company, also knownas New York School of Computer Technology, is prohibited by a 1975 FTC order from makingcertain misrepresentations in selling vocational school courses (86 F.T.C. 319).FTC File No. 782 3023United States v. General Mills Fun Group, Inc.Complaint Filed: 5/22/79Judgment Entered: 5/23/79United States District Court for the District of Minnesota;judgment in the amount of $100,000($90,000-Kenner Product Division, $10,000-Fundimensions Division).The complaint alleged thatdefendant had advertised toys by engaging in practices that the FTC previously had determined tobe unfair and deceptive in proceedings against Ideal Toy Corporation (FTC Docket No. 8530, 64F.T.C. 297 (1964)) and Walco Toy Company, Inc., (FTC Docket No. 8921, 83 F.T.C. 1783).FTC File No. 782 3001United States v. Montgomery Ward & Co., Inc.Complaint Filed: 5/29/79Judgment Entered: 5/29/79United States District Court for the Eastern District of Virginia; judgment in the amount of $175,000forfailuretoprovideaccurateandspecific reasonsfordenialofcreditundertheEqualCreditOpportunity Act and a requirement that Wards send to approximately 200,000 consumers who weredenied credit a letter offering them a new opportunity to apply for credit.FTC Docket No. 8941United States v. Atlantic Industries, Inc.Complaint Filed: 3/13/78Judgment Entered: 8/17/79United States District Court for the Southern District of Florida;defendantANNUAL REPORT 1979 39has agreed to refund a total of $40,000 to over 1,200 dissatisfied customers.The agreement settlescharges that the company used deceptive means to sell its photographic enlargement plan and tocollect accounts in violation of a 1975 order.Atlantic will pay $10,000 in civil penalties (85 F.T.C.903).FTC File No. 742 3207United States v. Tri-Texas, Inc., et al.Complaint Filed: 9/27/79Judgment Entered: 9/27/79United States District Court for the Northern District of Texas; a consent judgment in the amountof $25,000 was entered on September 27, 1979, as a result of the respondent's misrepresentationsconcerningprofitpotential,demandforitsproduct,asaninducementtopurchaseafranchise;availabilityofanexclusive territory,trainingandpromotionalassistanceandonerousfranchiserequirements.Additionally,injunctiveprovisionssupplementingtheCommission'sTradeRegulation Rule covering franchising and business opportunity ventures were imposed.FTC File No.772 3010United States v. Dixieland Construction Company, Inc., et al. Complaint Filed: 9/28/79Judgment Entered: 9/28/79United States District Court for the Northern District of Alabama; Civ.Action No. 79M 1054 S. Aconsentjudgmentintheamountof$10,000incivilpenaltiesandaninjunctionwasenteredonSeptember28,1979forviolationsoftheCommission'sTradeRegulationRuleConcerningaCooling-Off Period for Door-to-Door Sales and for engaging in unfair and deceptive practices in theoffering of home improvement services.FTC File No. 772 3010United States v. Modern Home Improvement Corporation, et al.Complaint Filed: 9/28/79Judgment Entered: 9/28/79United States District Court for the Northern District of Alabama; Civ.Action No. 79M 1054 S. Aconsentjudgmentintheamountof$10,000incivilpenaltiesandaninjunctionwasenteredonSeptember28,1979forviolationsoftheCommission'sTradeRegulationRuleConcerningaCooling-Off Period for Door-to-Door Sales and for engaging in unfair and deceptive practices in theoffering of home improvement services.FTC File No. 772 3010United States v. National Siding Corporation, et al.Complaint Filed: 9/28/7940 FEDERAL TRADE COMMISSIONThis case is currently in litigation in the United States District Court for the Northern District ofAlabama;Civ.ActionNo.79X-1052S.TherespondenthasbeenchargedwithviolatingtheCommission's TRR concerning a Cooling-Off Period for Door-to-Door Sales and for engaging inunfairanddeceptivepracticesintheofferingofhomeimprovement servicesthroughfictitiouspricing and energy claims, and by falsely representing themselves to be a manufacturer.FTC File No. 772 3010United States v. Nationwide Construction Company, Inc., et al.Complaint Filed: 9/28/79Judgment Entered: 9/28/79United States District Court for the Northern District of Alabama; Civ.Action No. 79M-1053SUSDC ND ALA.A consent judgment in the amount of $10,000 in civil penalties and an injunctionwasenteredonSeptember28,1979forviolationsoftheCommission'sTradeRegulationRuleConcerning a Cooling-Off Period for Door-to-Door Sales and for engaging in unfair and deceptivepractices in the offering of home improvement services.B. Competition Mission1.ICI Industries Inc.-This civil penalty suit was filed and a judgment for $100,000agreed to on August 14, 1979.IC Industries, Inc. was charged with failure to divestcertain Midas Muffler Shops within one year of their acquisition.2.ARA Services, Inc.-This civil penalty action, filed on November 2, 1977, chargedthat ARA had acquired assets of a periodical distributor without prior Commissionapproval.A $300,000,judgment was rendered on August 14, 1979.ANNUAL REPORT 1979 41APPELLATE COURT DECISIONSREVIEWING COMMISSION ORDERSAmerican General Insurance Company v. F.T.C., 589 F.2d 462 (9th Cir. 1979) (Case remanded forfurther proceedings)Trans World Accounts, Inc. v. F.T.C., 594 F.2d 212 (9th Cir. 1979) (Part of order affirmed andenforced; one provision in order remanded for further proceedings)Reichhold Chemicals v. F.T.C., 598 F.2d 616 (4th Cir. 1979) (Order affirmed and enforced)Jay Norris, Inc. v. F.T.C., 598 F.2d 1244 (2d Cir. 1979) (Order affirmed and enforced)US Life Credit Corp. v. F.T.C., 599 F.2d 1387 (5th Cir. 1979) (Commission decision reversed andorder vacated)RSR, Inc. v. F.T.C., 602 F.2d 1317 (9th Cir. 1979) (Order affirmed and enforced)Freuhauf Corporation v. F.T.C., 603 F.2d 345 (2d Cir. 1979) (Order set aside)Encyclopedia Britannica, Inc. v. F.T.C., 605 F.2d 93 (7th Cir. 1979) (Order affirmed and enforced)SUPREME COURT DECISIONREVIEWING FINAL COMMISSION ORDERThe Great Atlantic & Pacific Tea Company v. F.T.C., 440 U.S. 69 (1979) (Reversing a decision ofthe Second Circuit which had upheld the Commission's Order)OTHER IMPORTANT COURT DECISIONSF.T.C. v. Rhinechem Corp. 459 F.Supp. 785 (N.D. Ill.) (October 20, 1978) (ThecourtgrantedtheCommission'sapplicationforpreliminaryinjunctionagainstRhinechem's purchase of the pigments business of Chemetron Corporation.)In re FTC Line of Business Report Litigation and FTC Corporate Patterns Report Litigation, 439U.S. 958 (November 11, 1978)(The Supreme Court denied petitions for certiorari leaving standing the Court of Appeals'decision enforcing the Commission's orders.)American Motors Corp. v. F. T. C., 601 F.2d 1329 (6th Cir., July 2, 1979) (The court ordered dismissal of pre-enforcement challenge to Commission investigationalsubpoena on ground that administrative and statutory remedies had not been exhausted.)42 FEDERAL TRADE COMMISSIONF.T.C. v. Anderson (CCH 1979-2 Trade Cas. 162,837) (D.C. Cir., September 17,1979)(The court affirmed the district court's order enforcing subpoenas duces tecum issued againsttheoilcompanyrespondentsinExxonCorp.,D8934,andremandedonthequestionofwhether certain documents are to be considered "agency" records.)F.T.C. v. National Tea Co., 603 F.2d 694 (8th Cir., July 16, 1979)(Appeals Court affirmed judgment of district court denying commission's application forpreliminaryinjunctionagainstacquisitionpendingcompletionofadministrativeproceedings.)F.T.CV. Rockefeller 591 F.2d 182 (2d Cir., January 18, 1979)(Court affirmed district court's order of enforcement of subpoenas directed to bankholdingcompanies arising out of investigation of energy industry.)F.T.C. v. Southland Corp., 471 F.Supp. I (D.D.C., May 18, 1979)(Court denied the Commission's application for a preliminary injunction against acquisitionbut entered an order enforcing hold-separate agreement.)F.T.C v. Winters National Bank & Trust Co., 601 F.2d 395 (6th Cir., September 11, 1979)(Court enforced Commission subpoena directed against bank arising out of investigation ofcompliance by third parties of "Holder-In-Due-Course" Rule.ANNUAL REPORT 1979 43POLICY PLANNING PAPERS(1) Housing Policy Review Session Briefing Book.November, 1978.(2) Drugs and Medical Devices Policy Review Session Briefing Book.December, 1978.(3) Semiannual Regulatory Agenda.December, 1978.(4) LifeInsuranceSoldtothePoor:IndustrialandOtherDebitInsurance,PolicyPlanning Issues Paper.January, 1979.(5) Trademarks, Consumer Information and Barriers to Competition, Policy PlanningIssues Paper.January, 1979.(6) Tax Policy and Competition, Policy Planning Issues Paper.February, 1979.(7) Compliance and Enforcement Policy Session Briefing Book.March, 1979.(8) Mergers Policy Review Session Briefing Book.May, 1979.(9) Consumer Information Remedies Policy Review Session.June,1979.(10) Health Services Policy Review Session Briefing Book.June,1979.(11) Semiannual Regulatory Agenda.July, 1979.44 FEDERAL TRADE COMMISSIONSTAFF REPORTS PUBLISHED ON PROPOSED RULESA. Consumer Protection Mission1. Proposed Rule for Advertising and Labeling of Protein SupplementsA staff report was released for public comment on a proposed ruledealingwiththeadvertisingandlabelingofproteinsupplementsproducts.The report recommended a disclosure that such productsare usually unnecessary.2. Proposed Rule for Food Advertising-Phase IA staff report was released for public comment on a proposed rulethat would eliminate unfair or deceptive advertising claims for theenergy, natural/organic, health, fat and cholesterol attributes for foodproducts.3. Proposed Rule for Used CarsA staff report was released for public comment on a proposed rule tohelp used car shoppers.According to the report, the condition of usedcarsvarieswidely,anddisclosingtheexistenceofawarrantyorinspectionfordefects,ifany,wouldassistconsumersintheirpurchase.4. Proposed Rule on Appliance LabelingA staff report was released for public comment on a proposed ruledealing with labels with an energy efficiency rating to be attached tomostmajorappliancesandresidentialfurnaces,thusallowingpurchasers to comparison shop for the most economical and energyefficient models.5. Proposed Amendment of Holder-in-Due-Course RuleA staff report was issued for public comment on a proposed rule toprovide broader protection for consumers who purchase a product orservice on credit.6. Proposed Rule on Octane Certification and PostingA staff report was released for public comment on a rule that wouldrequire the octane rating of gasoline to be calculated by a standardformula and labeled on gas pumps.7. Proposed Rule on Standards and CertificationA staff report was released that proposed a rulemaking proceeding becommencedtodealwiththeroleproductstandardsandsealsofapprovalmayplayinlimitingtherangeofproductsavailabletoconsumers.ANNUAL REPORT 1979 45B. Competition Mission1. MedicalParticipationinControlofBlueShieldandCertainOtherOpen-PanelMedical Prepayment Plans. (April, 1979)This report presents the results of the Bureau of Competition's investigation into theextent, impact, and legality of medical participation in the control of Blue Shield andother open-panel medical prepayment plans.The principal focus of the investigationhas been the degree of control over such plans possessed by physicians and physicianorganizations.The report found that medical participation in the control of manyBlue Shield plans is sufficiently great that physicians and physician organizations areable to control or influence economically significant decisions made by the plans.The report recommends initiation of a rulemaking proceeding and includes a draft ofa proposed trade regulation rule.ECONOMIC REPORTSGroceryRetailingConcentrationinMetropolitanAreas,EconomicCensusYears1954-72,September 1979 (Joint Report with Economics, Statistics, and Cooperative Service, U.S. Departmentof Agriculture).An Analysis of Competitive Structure in the Uranium Supply Industry, August