The Federal Trade Commission has granted the petition of Kraft Foods, Inc. to set aside an old order that applied to Kraft as a successor to the National Dairy Products Corporation. The Commission granted the petition in keeping with its "sunsetting" policy for competition orders. Under that policy, the FTC presumes the public interest requires setting aside such orders when they are more than 20 years old.
Kraft, based in Northfield, Illinois, petitioned the FTC in July to set aside the order pursuant to the FTC's sunsetting policy. The FTC had imposed the order on the National Dairy Products Corporation in 1967 after finding that the company had engaged in territorial price discrimination. The order prohibited the National Dairy Products Corporation and, later, Kraft, from discriminating in price between different purchasers of its jam, jelly and preserve products, where the effect of such discrimination may be to lessen competition substantially.
The petition was placed on the public record for a 30-day comment period, and no comments were received.
The Commission voted 4-0, with Chairman Robert Pitofsky recused, to set aside the order.
Copies of the Commission's order reopening and setting aside the 1967 order, as well as the petition and the original order, as amended in 1982, are available from the FTC's Public Reference Branch, Room 130, same address as above: 202-326-2222; TTY for the hearing impaired 1-866-653-4261. To find out the latest news as it happens, call the FTC's NewsPhone at 202-326-2710. FTC news releases and other documents also are availble on the Internet at the FTC's World Wide Web Site at http://www.ftc.gov
(FTC Docket No. 8548)