Federal Trade Commission v. Whitney & Co.

Under § 11 of the Clayton Act, as amended, 15 U.S.C.A. § 21 , the Federal Trade Commission, on February 12, 1945, issued a complaint charging that Whitney & Company, James R. O’Brien and others had violated and were violating the provisions of § 2(c) of the Act, as amended, 15 U.S.C.A. § 13 (c). The complaint was served on the persons complained of (Whitney & Company, O’Brien and others) on February 14, 1945. It contained a notice of hearing. Said persons appeared, and a hearing was had. Thereupon, being of the opinion that said persons had violated and were violating the provisions of § 2(c), the Commission, on March 25, 1946, made a report in writing, stating its findings as to the facts, and issued an order requiring said persons to cease and desist from such violations. The order was served on April 1, 1946, and has been in effect ever since.

On September 29, 1950, the Commission, alleging that Whitney & Company and O’Brien had failed and neglected to obey the order, applied to this court under §11 for a decree affirming the order and enforcing it as to Whitney & Company and O’Brien. Whitney & Company and O’Brien, answering the application, denied that they had failed or…