From Casetext: Smarter Legal Research

SCM Corp. v. Federal Trade Commission

United States Court of Appeals, Second Circuit
Jan 14, 1980
612 F.2d 707 (2d Cir. 1980)

Opinion

No. 211, Docket 78-4207.

Argued December 12, 1979.

Decided January 14, 1980.

William E. Willis, New York City (Sullivan Cromwell, James E. Tyrrell, New York City, of counsel, Milton Wolson, New York City, on brief), for petitioner.

David C. Shonka, Atty., F. T. C., Washington, D.C. (Michael N. Sohn, Gen. Counsel, W. Dennis Cross, Deputy Gen. Counsel, F. T. C., Washington, D.C., of counsel), for respondent.

Petition for review from the Federal Trade Commission.

Before LUMBARD, FEINBERG and VAN GRAAFEILAND, Circuit Judges.


SCM Corporation seeks review of a final order and opinion of the Federal Trade Commission, dated October 4, 1978, enjoining SCM from permitting interlocking directorates in violation of section 8 of the Clayton Act. On a previous review in this court of an identical order by the Commission, we remanded the case for reconsideration because of a concern that the Commission may have incorrectly placed the burden on SCM to show that an injunction was not warranted. SCM Corporation v. Federal Trade Commission, 565 F.2d 807 (2d Cir. 1977). On remand, the Commission was to consider whether there was "some cognizable danger of recurrent violation" that would justify the injunction. The Commission, upon reconsideration, reimposed the cease and desist order. SCM now argues that the Commission failed to follow our instructions on remand and erred in reinstating the order. However, based on our review of the Commission's final decision, we find that the correct legal standard was applied. Moreover, this court has already held that the evidence in the record is sufficient to justify the imposition of the Commission's order under the proper legal standard. Id. at 813 n. 18. The other arguments pressed by SCM on this appeal were also conclusively resolved in the prior opinion of this court.

The petition for review is denied and the order of the Commission is enforced.


Summaries of

SCM Corp. v. Federal Trade Commission

United States Court of Appeals, Second Circuit
Jan 14, 1980
612 F.2d 707 (2d Cir. 1980)
Case details for

SCM Corp. v. Federal Trade Commission

Case Details

Full title:SCM CORPORATION, PETITIONER, v. FEDERAL TRADE COMMISSION, RESPONDENT

Court:United States Court of Appeals, Second Circuit

Date published: Jan 14, 1980

Citations

612 F.2d 707 (2d Cir. 1980)

Citing Cases

Reading International, Inc. v. Oaktree Capital Manag.

In light of these facts, the Court finds no "cognizable danger of recurrent violation," and therefore…

Official Airline Guides, Inc. v. F.T.C.

In such a situation, as we have held, the Commission has "discretion" to find that an order is warranted…