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1
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DECISION AND ORDER
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EXTRACTED KEY WORDS
CARRIER INDIANA COMMISSION TARIFF TRANSPORTATION CHARGE MEMBER INTRASTATE TRANSPORTATION AGREEMENT PROPOSALS PUBLICATION PROVISIONS EQUIPMENT GOODS CONSENT AGREEMENT COMPLAINT INDIANA HOUSEHOLD MOVERS RELATED SERVICES SUCCESSORS PURPOSES JURISDICTION THEREAFTER FEDERAL TRADE COMMISSION CANCEL FILING EMPLOYEES AGENTS COMMITTEE OFFICERS |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS:
Timothy J. Muris, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
Thomas B. Leary
____________________________________
)
In the matter of )
)
INDIANA HOUSEHOLD MOVERS ) Docket No. C-
AND WAREHOUSEMEN, INC. )
)
a corporation. )
____________________________________)
DECISION AND ORDER
The Federal Trade Commission ("Commission") having initiated an investigation of certain
and practices of Indiana Household Movers and Warehousemen, Inc. ("IHM&W"), hereinafter
sometimes referred to as "Respondent," and Respondent having been furnished thereafter with a copy
of the draft of Complaint that the Bureau of Competition presented to the Commission for its
consideration and which, if issued by the Commission, would charge Respondent with violations of
Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 45; and
Respondent, its attorneys, and counsel for the Commission having thereafter executed an
Agreement Containing Consent Order ("Consent Agreement"), containing an admission by Respondent
of all the jurisdictional facts set forth in the aforesaid draft of Complaint, a statement that the
the Consent Agreement is for settlement purposes only and does not constitute an admission by
Respondent that the law has been violated as alleged in such Complaint, or that the facts as
such Complaint, other than jurisdictional facts, are true, and waivers and other provisions as
by the Commission's Rules; and
The Commission having thereafter considered the matter and having determined that it had
reason to believe that Respondent has violated the said Act, and that a Complaint should issue
its charges in that respect, and having accepted the executed Consent Agreement and placed such
Consent Agreement on the public record for a period of thirty (30) days for the receipt and
consideration of public comments, now in further conformity with the procedure described in
Commission Rule 2.34, 16 C.F.R. § 2.34, the Commission hereby makes the following jurisdictional
findings and issues the following Decision and Order ("Order"):
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2
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COMPLAINT
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EXTRACTED KEY WORDS
INDIANA MEMBERS RESPONDENT ACTS PARAGRAPH CHARGES FEDERAL TRADE COMMISSION TRANSPORTATION HOUSEHOLD GOODS MOVERS PRACTICES COMPETITION INTRASTATE TARIFF BUSINESS COMMERCE AFFECTING REVENUE INDIANA DEPARTMENT COMPLAINT PUBLICATION COLLECTIVELY SET RATES AGREEMENT DIRECTORS PURPOSE SUPPLEMENTS THERETO FILING INITIATING GOODS MOVING INDUSTRY HOUSEHOLD GOODS MOVING |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS:
Timothy J. Muris, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
Thomas B. Leary
____________________________________
)
In the matter of )
)
INDIANA HOUSEHOLD MOVERS ) Docket No. C-
AND WAREHOUSEMEN, INC. )
)
a corporation. )
____________________________________)
COMPLAINT
Pursuant to the provisions of the Federal Trade Commission Act (15 U.S.C. § 41, et seq.)
by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to
believe that Indiana Household Movers and Warehousemen, Inc. (hereinafter sometimes referred to as
"respondent" or "IHM&W"), a corporation, has violated and is now violating the provisions of Section
5 of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would
the public interest, hereby issues its complaint stating its charges as follows:
PARAGRAPH 1. Respondent Indiana Household Movers and Warehousemen, Inc. is a
corporation organized, existing and doing business under and by virtue of the laws of the State of
Indiana, with its office and principal place of business located at 3039 West 39th Street,
Indiana 46228-3282.
PARAGRAPH 2. Respondent is an association organized for and serving its members'
interests, including their economic interests, by promoting, fostering and advancing the household
moving industry in the State of Indiana. One of the primary functions of respondent is the
preparation, development, dissemination and filing with the Indiana Department of Revenue of tariffs
and supplements thereto on behalf of and as agent for its members. Said tariffs and supplements
contain rates and charges for the intrastate and local transportation of household goods and for
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3
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ANALYSIS
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EXTRACTED KEY WORDS
LAW AGREEMENT INDIANA HOUSEHOLD GOODS PURPOSE PROPOSED COMPLAINT MOVERS COMMISSION PRIVATE ACT FACTS ACTIVE SUPERVISION PROPOSED COMPLAINT ALLEGES POLICY COURT COMPETITION CONSENT ORDER FEDERAL ANTITRUST LAW COLLECTIVE INTRASTATE RATES ADEQUATE FACTUAL RECORD INTRASTATE RATES PRICE FIXING SUPREME COURT REGULATORY RESPONSIBILITY ACTIVE SUPERVISION REQUIREMENT FEDERAL TRADE COMMISSION STATE BOARD SUFFICIENT INDEPENDENT JUDGMENT |
ANALYSIS OF PROPOSED CONSENT ORDER TO AID PUBLIC COMMENT
IN INDIANA HOUSEHOLD GOODS AND WAREHOUSEMEN, INC., FILE NO. 021-0115
______________________________________________________________________________
The Federal Trade Commission has accepted for public comment an Agreement Containing
Consent Order with Indiana Household Movers and Warehousemen, Inc. ("IHM&W" or
"Respondent"). The Agreement is for settlement purposes only and does not constitute an admission
by IHM&W that the law has been violated as alleged in the Complaint or that the facts alleged in the
Complaint, other than jurisdictional facts, are true.
I. The Commission's Complaint
The proposed Complaint alleges that Respondent Indiana Household Movers and
Warehousemen, Inc., a corporation, has violated and is now violating Section 5 of the Federal Trade
Commission Act. Specifically, the proposed Complaint alleges that Respondent has agreed to engage,
and has engaged, in a combination and conspiracy, an agreement, concerted action or unfair and
unlawful acts, policies and practices, the purpose or effect of which is to unlawfully hinder,
restrict, suppress or eliminate competition among household goods movers in the household goods
moving industry.
Respondent is an association organized for and serving its members, which are approximately
70 household goods movers that conduct business within the State of Indiana. One of the primary
functions of Respondent is preparing, and filing with the Indiana Department of Revenue, tariffs and
supplements on behalf of its members. These tariffs and supplements contain rates and charges for
intrastate and local transportation of household goods and for related services.
The proposed Complaint alleges that Respondent is engaged in initiating, preparing,
disseminating, and taking other actions to establish and maintain collective rates, which have the
purpose or effect of fixing, establishing or stabilizing rates for the transportation of household
the State of Indiana. The Respondent files uniform rates that are agreed upon by all of its
The proposed Complaint further alleges that Respondent organizes and conducts meetings that
provide a forum for discussion or agreement between competing carriers concerning or affecting rates
and charges for the intrastate transportation of household goods.
The proposed Complaint further alleges that Respondent's conduct is anticompetitive because
has the effect of raising, fixing, and stabilizing the prices of household goods moves. The acts of
Respondent also have the effect of depriving consumers of the benefits of competition.
II. Terms of the Proposed Consent Order
The proposed Order would provide relief for the alleged anticompetitive effects of the
principally by means of a cease and desist order barring Respondent from continuing its practice of
filing tariffs containing collective intrastate rates.
Paragraph II of the proposed Order bars Respondent from filing a tariff that contains
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4
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
CONSENT AGREEMENT COMPLAINT COMMISSION INDIANA HOUSEHOLD MOVERS ACCEPTANCE DRAFT FACTS LAW SERVE CONTEMPLATES PROCEEDING RESPECT THERETO VIOLATION DISPOSITION WITHDRAW PUBLIC RECORD PURSUANT PROPOSED RESPONDENT WAIVES JURISDICTIONAL FACTS OFFICERS HEREBY PRACTICES ACTS FEDERAL TRADE COMMISSION COMPLIANCE MANNER SUBSEQUENTLY WITHDRAWN ADMISSION SETTLEMENT PURPOSES |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
____________________________________
)
In the matter of )
)
INDIANA HOUSEHOLD MOVERS ) File No. 021-0115
AND WAREHOUSEMEN, INC. )
)
a corporation. )
)
AGREEMENT CONTAINING CONSENT ORDER
The Federal Trade Commission ("Commission"), having initiated an investigation of
certain acts and practices of Indiana Household Movers and Warehousemen, Inc. ("IHM&W"),
and it now appearing that IHM&W, hereinafter sometimes referred to as "Proposed
Respondent," is willing to enter into this Agreement Containing Consent Order ("Consent
Agreement") providing for relief with respect to such practices:
IT IS HEREBY AGREED by and between Proposed Respondent, by its duly
authorized officers and attorneys, and counsel for the Commission that:
1. Proposed Respondent, Indiana Household Movers and Warehousemen, is a
corporation organized and existing under the laws of the State of Indiana with its
principal office and place of business at 3039 West 39th Street, Indianapolis, Indiana
46228-3282.
2. Proposed Respondent admits all the jurisdictional facts set forth in the draft of Complaint
here attached.
3. Proposed Respondent waives:
(a) any further procedural steps;
(b) the requirement that the Commission's Decision and Order ("Order"), here
attached and made a part hereof, contain a statement of findings of fact and
conclusions of law;
(c) all rights to seek judicial review or otherwise to challenge or contest the validity
of the Order entered pursuant to this Consent Agreement; and
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