FOR IMMEDIATE RELEASE AT
THURSDAY, JUNE 20, 1996 (202) 616-2771
TDD (202) 514-1888
JUSTICE DEPARTMENT TAKES ACTION TO STOP SOUTHERN FLORIDA
OUTDOOR UMBRELLA COMPANY FROM FIXING RESALE PRICES
WASHINGTON, D.C. -- The Department of Justice reached a
settlement today with a southern Florida outdoor umbrella company
that will stop the company from fixing the resale price of
umbrellas used on boats to provide protection against sun and
inclement weather. The Department said that the Jupiter,
Florida-based company eliminated competition among dealers
selling its product by setting the prices at which its umbrellas
could be resold.
The Department's Antitrust Division filed a civil suit in
U.S. District Court in Ft. Lauderdale, Florida, against
AnchorShade Inc. At the same time, the Department filed a
proposed consent decree, that if approved by the court, would
settle the suit.
Anne K. Bingaman, Assistant Attorney General in charge of
the Antitrust Division, said, "Just as an umbrella on a boat
protects passengers from harsh weather, we at the Antitrust
Division protect consumers from anticompetitive behavior."
According to the complaint, AnchorShade conspired from
December 1992 through February 1995 to fix and maintain the
resale price of its outdoor umbrellas at an amount set by the
company. In some instances, AnchorShade required its dealers to
get written permission before offering a discount.
AnchorShade sells its outdoor umbrellas through
independently owned dealers which, in turn, resell them to
consumers.
"This case demonstrates the Antitrust Division's continuing
commitment to investigate and prosecute vertical agreements, such
as resale price maintenance, that violate the antitrust laws and
raise prices for consumers," said Bingaman.
The proposed consent decree prohibits AnchorShade from:
Agreeing to fix resale prices for its umbrellas.
Establishing a policy under which AnchorShade will sell
only to distributors that set their price at or above a
suggested resale price.
Threatening to terminate or terminating a distributor
for pricing below a suggested resale price.
The consent decree also requires AnchorShade to:
Institute a comprehensive antitrust compliance program.
Submit annual written certifications regarding decree
compliance throughout the ten-year decree.
This matter was handled by the Antitrust Division's New York
Field Office. Public comment on the proposed decree is invited
within the statutory sixty-day comment period. Interested
persons may address comments to Ralph T. Giordano, Chief, New
York Field Office, U.S. Department of Justice, Antitrust
Division, 26 Federal Plaza, Room 3630, New York, New York 10278,
212-264-0390.
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