Flotill Products, Inc. v. Federal Trade Commission

After what Flotill Products, Inc., hereafter Flotill, describes as a broad examination of its affairs, the Federal Trade Commission, hereafter Commission, issued its complaint charging that Flotill had violated and was violating the provisions of sections 2(c) and 2(d) of the amended Clayton Act, 15 U.S.C.A. § 13 (c) and (d). Thereafter the Commission referred the case to a hearing examiner. During the course of the proceedings before the hearing examiner an application was made by counsel supporting the complaint for the issuance of a subpoena duces tecum. The subpoena was issued and Flotill, deeming it oppressive and illegally issued, refused to comply. The Commission then made application to the United States District Court for the Northern District of California, Southern Division for an order pursuant to section 9 of the Federal Trade Commission Act, 15 U.S.C.A. § 49 , which reads in relevant part:

Flotill answered and after a hearing the district court entered the following order :

Items 1, 2, 3 and 4 of the subpoena read:

Appellant makes no claim that the filing of a complaint by the Commission terminates its power to investigate but does assert that the hearing examiner…