The Federal Trade Commission has set aside a 1964 order against Giant Food, Inc. because the order is more than 20 years old. The order prohibited Giant from inducing its suppliers to offer, or receiving from its suppliers, compensation for promotional services or facilities on terms that Giant knew were not proportionally equal to the terms those suppliers offered other retailers.
Giant is based in Landover, Maryland.
The 1964 order, which stemmed from a 1955 FTC complaint against the company, had been upheld by the D.C. Circuit Court of Appeals in 1962. In July 1994, the Commission announced a new "sunsetting" policy under which it adopted a rebuttable presumption that the public interest requires sunsetting competition orders that are more than 20 years old. Giant submitted a petition to set aside the order pursuant to the policy in June. The petition was placed on the public record for comments, and no comments were received.
"Nothing to overcome the presumption having been presented," the Commission decided to set aside the order. The Commission vote was 5-0.
Copies of the Commission order reopening and setting aside the 1964 order, as well as the petition from Giant, are available from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY for the hearing impaired 1-866-653-4261. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710. FTC news releases and other materials also are available on the Internet at the FTC's World Wide Web site at: http://www.ftc.gov
(FTC Docket No. 6459) (giant-2)