Scm Corporation v. Federal Trade Commission

Second Circuit

Scm Corporation v. Federal Trade Commission

612 F.2d 707, 1980 U.S. App. LEXIS 21370

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 14, 1980

Docket211, Docket 78-4207

StatusPublished

Cited by2 cases

This text of 612 F.2d 707 (Scm Corporation v. Federal Trade Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scm Corporation v. Federal Trade Commission, 612 F.2d 707, 1980 U.S. App. LEXIS 21370 (2d Cir. 1980).

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Opinion

PER CURIAM:

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 *708 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.

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PER CURIAM:

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 *708 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.

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612 F.2d 707, 1980 U.S. App. LEXIS 21370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scm-corporation-v-federal-trade-commission-ca2-1980.

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