Federal Trade Commission v. Jantzen, Inc.

This case is before us for the second time, following reversal by the Supreme Court (FTC v. Jantzen, Inc., 1967, 386 U.S. 228 , 87 S.Ct. 998 , 18 L.Ed.2d 11 ) of our decision that we lacked jurisdiction (FTC v. Jantzen, Inc., 1966, 356 F.2d 253 ). The case was remanded to us for further proceedings in conformity with the Supreme Court’s opinion.

Jantzen opposes enforcement of the Commission’s order on two grounds. The first is that the Commission failed to make findings as to the facts, as required by section 11 of the Clayton Act ( 38 Stat. 734 , 15 U.S.C. § 21 ). The second is that, in the exercise of the broad powers of review given us by the Clayton Act, we should deny enforcement because the violations found are “remote and picayune,” Jantzen is now in compliance, and the Commission failed to follow its own rules and permit informal disposition of the matter.

We reject the first ground. The order is a consent order, issued upon Jantzen’s express waiver of:

We find nothing in the Act which forbids the making of a consent order, or the waiver by a respondent of the making of findings of fact. Courts, too, are required to hear evidence and make findings of fact, but this has…