Does an order based on a committee recommendation fall within the immunity provisions of section 608b of the Federal Trade Commission Act?

Courts explicitly considering the issue have disagreed on whether orders fall within the immunity provision. Compare In re Midwest Milk Monopolization Litig., 380 F.Supp. 880, 885-86 (W.D.Mo.1974) ("untenable" to extend 608b to orders) with Berning v. Gooding, 643 F.Supp. 26, 29 (D.Or.1985) ("Berning I ") (order based on committee recommendation resembles agreement), aff'd on other grounds, 820 F.2d 1550 (9th Cir.1987) ("Berning II"). The court assumes without deciding that Borden correctly states the law.