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Administrative Law Keyed to Funk
Adams v. Federal Trade Commission
Citation:
296 F.2d 861 (1961)Facts
The Federal Trade Commission issued complaints against Adams Dairy Company, Adams Dairy, Inc., and three grocery corporations (Kroger, Safeway, and A&P), alleging they maintained and effectuated a conspiracy in restraint of trade in violation of Section 5 of the FTC Act. The complaints alleged that Adams and the grocery corporations engaged in price fixing, coercing competitors, and engaging in territorial price wars. The FTC issued six administrative subpoenas seeking testimony and documents from Adams and its officers. Adams refused to comply with the subpoenas, arguing they were invalid because they were not issued pursuant to a lawful complaint. The FTC then applied to the district court for enforcement. Adams also filed a motion to stay FTC proceedings. The district court granted in part and denied in part the FTC’s petition for enforcement, finding some specifications too broad in scope or time. Both Adams and the FTC appealed the district court’s order.
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