UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Jon Leibowitz, Chairman

J. Thomas Rosch 

Edith Ramirez

Julie Brill

In the Matter of

SIGMA CORPORATION, a corporation.

 File No. 101-0080

 

AGREEMENT CONTAINING CONSENT ORDER TO CEASE AND DESIST

The Federal Trade Commission (“Commission”), having initiated an investigation

of certain acts and practices of Sigma Corporation (“Sigma”), hereinafter referred to as

“Proposed Respondent,” and it now appearing that Proposed Respondent is willing to enter into

an Agreement Containing Consent Order to Cease and Desist (“Consent Agreement”) from

certain acts and practices, and providing for other relief,

IT IS HEREBY AGREED by and between Proposed Respondent and its duly

authorized officers and attorneys, and counsel for the Commission that:

1. Proposed Respondent Sigma is a corporation organized, existing and doing business

under and by virtue of the laws of the State of New Jersey, with its principal place of

business located at 700 Goldman Drive, Cream Ridge, New Jersey 08154. 

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, attached hereto 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 Decision and Order entered pursuant to this Consent Agreement; and,

d. any claim under the Equal Access to Justice Act.
-2-

4. Proposed Respondent shall submit an initial compliance report within twenty (20) days

of the date it signs this Consent Agreement, pursuant to Commission Rule 2.33, 16

C.F.R. § 2.33, signed by Proposed Respondent setting forth in detail the manner in which

the Proposed Respondent has to date complied, has prepared to comply, and will comply

with the Decision and Order. Such report will not become part of the public record

unless and until the Consent Agreement and Decision and Order are accepted by the

Commission for public comment. 

5. This Consent Agreement shall not become part of the public record of the proceeding

unless and until it is accepted by the Commission. If this Consent Agreement is accepted

by the Commission it, together with the draft Complaint contemplated thereby, will be

placed on the public record for a period of thirty (30) days and information with respect

thereto publicly released. The Commission thereafter may either withdraw its acceptance

of this Consent Agreement and so notify Proposed Respondent, in which event it will

take such action as it may consider appropriate, or issue or amend its Complaint (in such

form as the circumstances may require) and issue its Decision and Order, in disposition

of the proceeding.

6. This Consent Agreement is for settlement purposes only and does not constitute an

admission by Proposed Respondent that the law has been violated as alleged in the draft

Complaint here attached, or that the facts as alleged in the draft Complaint, other than

jurisdictional facts, are true.

7. This Consent Agreement contemplates that, if it is accepted by the Commission, and if

such acceptance is not subsequently withdrawn by the Commission pursuant to the

provisions of Commission Rule 2.34, 16 C.F.R. § 2.34, the Commission may, without

further notice to Proposed Respondent, (1) issue and serve its Complaint corresponding

in form and substance with the draft Complaint here attached and the Decision and Order

in disposition of the proceeding, and (2) make information public with respect thereto. 

When so entered, the Decision and Order shall have the same force and effect, and may

be altered, modified or set aside in the same manner and within the same time provided

by statute for other orders. The Decision and Order shall become final upon service. 

Delivery of the Complaint and the Decision and Order to Proposed Respondent by any

means provided in Commission Rule 4.4(a), 16 C.F.R. § 4.4(a), shall constitute service.

Proposed Respondent waives any right it may have to any other manner of service. The

Complaint may be used in construing the terms of the Decision and Order, and no

agreement, understanding, representation, or interpretation not contained in the Decision

and Order or the Consent Agreement may be used to vary or contradict the terms of the

Decision and Order.

8. Proposed Respondent has read the draft Complaint and the Decision and Order

contemplated hereby. By signing this Consent Agreement, Proposed Respondent

represents and warrants that the full relief contemplated by the attached Decision and

Order can be accomplished, and that all parents, subsidiaries, affiliates, and successors
-3-

necessary to effectuate the full relief contemplated by this Consent Agreement are parties

to the Consent Agreement.

9. Proposed Respondent understands that once the Decision and Order has been issued, it

will be required to file one or more compliance reports showing that it has fully complied

with the Decision and Order. Proposed Respondent agrees to comply with Paragraph II

of the draft Decision and Order from the date it signs this Consent Agreement. Proposed

Respondent further understands that it may be liable for civil penalties in the amount

provided by law for each violation of the Decision and Order after the Decision and

Order becomes final. 

Signed this ____ day of ______________, 2011

SIGMA CORPORATION 

By: 

James McGivern

Chief Executive Officer

Sigma Corporation

 

Counsel for Sigma Corporation

FEDERAL TRADE COMMISSION

By: 

Christopher G. Renner

Approved:

 

Geoffrey M. Green

Deputy Assistant Director

Bureau of Competition

 

Melanie Sabo

Assistant Director

Bureau of Competition

 ____________________

Peter J. Levitas

Deputy Director

Bureau of Competition

 

Richard A. Feinstein

Director

Bureau of Competition