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Administrative Law Keyed to Aman
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 proceeded to the evidentiary stage. In 1955, while the case was still pending, Senate and House subcommittees held hearings where they questioned FTC Chairman Howrey and other Commission staff about the Pillsbury case. The questioning was aggressive and critical of the Commission’s interpretation of Section 7, with committee members suggesting the Commission was not properly enforcing the law. Chairman Howrey ultimately stated he would have to disqualify himself from the Pillsbury case because of the questioning about his “mental processes.” Despite this interference, the Commission eventually issued a final order in 1960 requiring Pillsbury to divest the acquired companies.
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