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Cemex S.A. de C.V., In the Matter of

Cemex S.A. agreed to settle concerns stemming from its proposed $5.8 billion acquisition of RMC Group PLC. Under terms of the proposed consent order, Cemex will divest RMC's five ready-mix concrete plants in the Tucson, Arizona area, at no minimum price to a Commission- approved buyer.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
0510007
Docket Number
C-4131

Chevron Corporation and Unocal Corporation, In the Matter of

Under the terms of the consent orders Chevron and Unocal will cease enforcing Unocal’s patents covering reformulated gasoline that complies with California Air resources Board Standard, will not undertake any new enforcement efforts related to the particular patents, and will cease all attempts to collect damages, royalties, or other payments related to the use of any of the patents. In addition, the companies will dismiss all pending legal actions related to alleged infringement of the patents. According to the complaint, the acquisition of the Unocal patents by Chevron would have facilitated coordinated interaction among downstream refiners and marketers of CARB gasoline.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
051 0125

Union Oil Company of California, In the Matter of

An administrative law judge dismissed a complaint in its entirety against Union Oil of California that charged the company with committing fraud in connection with regulatory proceedings before the California Air Resources Board regarding the development of reformulated gasoline. The judge ruled much of Unocal’s conduct was permissible activity under the Noerr-Pennington doctrine and that the resolution of the issues outlined in the complaint would require an in depth analysis of patent law which he believed were not with the jurisdiction of the Commission. In July 2004, the Commission reversed the judge’s ruling and reinstated charges that Unocal illegally acquired monopoly power in the technology market for producing a “summer-time” low-emissions gasoline mandated for sale and use by the CARB for use in the state for up to eight months of the year. While the case was pending before the administrative law judge, Unocal agreed to settle the claims and cease and desist enforcing Unocal’s patents covering reformulated gasoline that complies with California Air resources Board Standard, will not undertake any new enforcement efforts related to the particular patents, and will cease all attempts to collect damages, royalties, or other payments related to the use of any of the patents.  The settlement in this case was related to the settlement of FTC charges that Chevron's acquisition of Unocal would substantially lessen competition in the refining and marketing of CARB reformulated gasoline, as Chevron would acquire the relevant Unocal patents through the acquisition and would be able to use its position to coordinate with its downstream competitors, to the detriment of consumers.  See In the Matter of Chevron Corporation and Unocal Corporation.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
0110214
Docket Number
9305

Occidental Petroleum Corporation and Vulcan Materials Company, In the Matter of

A consent order allows Occidental Chemical Company’s purchase of the chemical assets of Vulcan Materials Company, provided Occidental divests Vulcan’s Port Edwards, Wisconsin, chemical facility and related assets. The consent order alleviates the alleged anticompetitive impact of the acquisition in the markets for potassium hydroxide, anhydrous potassium carbonate (APC), and potassium carbonate, which includes APC and liquid potassium carbonate. The Port Edwards facility will be divested to ERCO Worldwide or to another Commission-approved buyer within six months if a problem is encountered with ERCO sale.
Type of Action
Administrative
Last Updated
FTC Matter/File Number
0510009
Docket Number
C-4139

Nestle Holdings, Inc.; Dreyer's Grand Ice Cream Holdings, Inc.; and Dreyer's Grand Ice Cream, Inc.

The Commission authorized staff to seek a preliminary injunction to block the merger of Nestlé and Dreyer’s Grand Ice Cream, Inc. on grounds that the merger would reduce competition in the highly concentrated market for super-premium ice cream. Nestlé markets super-premium ice cream under the Häagen Dazs brand; Dreyer’s super-premium brands include Dreamery, Godiva and Starbucks. Before the complaint was filed in a federal district court, the parties agreed to enter into a consent agreement to settle the charges. The final order requires the divestiture of super-premium ice cream brands Dreamery and Godiva, the Whole Fruit sorbet brand, and Nestlé’s distribution assets to CoolBrands International, Inc.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
0210174
Docket Number
C-4082

Entergy Corporation and Entergy-Koch, LP

A consent order settles allegations that Entergy-Koch LP's (a limited partnership owned equally by Entergy Corporation and Koch) acquisition of 50 percent of the Gulf South Pipeline Company, LP from Koch would lessen competition for the sale of electricity to consumers in Louisiana and western Mississippi and the distribution of natural gas to consumers in New Orleans and Baton Rouge. Entergy is the regulated electric and natural gas utility in parts of Louisiana and Mississippi. The order requires Entergy to establish a transparent process to buy natural gas and natural gas transportation that will assist state regulators in determining whether Entergy purchased gas supplies at inflated prices from its Entergy-Koch partnership.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
0010172
Docket Number
C-3998

Announced Action for July 5, 2005

Date
Commission approval of final consent order: Following a public comment period, the Commission has approved a final consent order in the matter concerning San Juan IPA, Inc. The Commission vote...

Announced Actions for June 17, 2005

Date
Commission authorization of the staff to file amended complaint: The Commission has authorized the staff to file an amended complaint in the matter currently pending against Cleverlink Trading Limited...

New Millennium Orthopaedics, LLC; et al., In the Matter of

The Commission settled charges with two small groups of orthopedic physicians in the Cincinnati area that had formed an independent practice association that jointly negotiated contracts regarding the rates its physician members would charge health plans and other payors for their services. In addition to the usual prohibitions on joint negotiations, the Commission’s order disbanded the IPA and prohibited future collective bargaining.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
0310087

Arch Coal, Inc., New Vulcan Coal Holdings, LLC, and Triton Coal Company, LLC, In the Matter of

The Commission authorized staff to file a complaint to block Arch Coal, Inc.’s proposed acquisition of Triton Coal Company, L.L.C. from New Vulcan Holdings, L.L.C. on grounds that the acquisition would increase concentration and tend to create a monopoly in the market for coal mined from the Southern Powder River Basin and in the production of 8800 British Thermal Unit coal. On April 1, 2004, the complaint was filed in the U.S. District Court for the District of Columbia; the court denied the FTC's motion for a preliminary injunction. On June 13, 2005 the Commission announced that it was closing its investigation, saying that it will not continue with administrative litigation challenging the deal.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
031 0191
Docket Number
9316