Doyle v. Federal Trade Commission (356 F.2d 381, 1966)

JONES, Senior Judge:

Petitioner here seeks reversal of a Federal Trade Commission cease and desist order insofar as it applies to him in his individual capacity. The order arises out of alleged violations of sec. 2(a) of the Clayton Act, as amended, and concerns price discrimination in the sale of “blackstrap” molasses in Houston, Texas. At the time the alleged discriminatory practices took place, petitioner Doyle was an employee of the Pacific Molasses Company, a wholly-owned subsidiary of a publicly-held corporation. Pacific and its president, James Ferguson in his individual capacity, were also joined in the cease and desist order. The joint petition of Pacific and Ferguson is dealt with in our opinion dated January 24, 1966, Pacific Molasses Co. v. Federal Trade Comm., 5 Cir., 356 F.2d 386. Doyle left the employ of Pacific in 1964; hence the separate petition for review.

At a hearing commencing in Houston, Texas, on May 28, 1962, the Federal Trade Commission examiner found that during the first 9 months of 1955 the Pacific Molasses Company engaged in discriminatory pricing practices in the sale of “blackstrap” molasses. The sales were made from Pacific’s Houston terminal to independent truck-distributors. Doyle at this time was sales manager in the Houston area and in this capacity advised the president of the company, Ferguson, on pricing policies. The ultimate decisions on all pricing were made by Ferguson and then effectuated by Doyle. The price concessions granted to favored customers ran from Ya# per gallon to l