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Administrative Law Keyed to Asimow
Pillsbury Co. v. Federal Trade Commission
Citation:
354 F.2d 952 (1966)Facts
In 1951 and 1952, the Pillsbury Company acquired two competitors: Ballard & Ballard Company and Duff’s Baking Mix Division of American Home Products Corporation. The FTC filed a complaint alleging these acquisitions violated Section 7 of the Clayton Act by substantially lessening competition in several product markets, including family flour, flour-base mixes, and the wheat flour milling products industry. After the hearing examiner initially dismissed the case and the Commission reversed that dismissal, the case continued with evidence being presented by both sides. During this period, in May-June 1955, the Senate Subcommittee on Antitrust and Monopoly and the House Antitrust Subcommittee held hearings where they questioned FTC Chairman Howrey and other officials about their approach to the Pillsbury case. The questioning was aggressive and critical of the Commission’s interpretation of Section 7, with senators suggesting the Commission was not properly enforcing the law as Congress intended. Chairman Howrey ultimately stated he would have to disqualify himself from the Pillsbury case because of the questioning about his “mental processes.” The Commission eventually issued a final order in 1960 requiring Pillsbury to divest the acquired companies.
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