Announced Actions for May 30, 2003

The Commission has filed an amicus brief jointly with the U.S. Department of Justice in the case Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko, No. 02-682 (U.S. S. Ct.). The brief, which is available on the FTC's Web site as a link to this press release, concerns whether the Supreme Court should reverse the decision of the Court of Appeals for the Second Circuit that this Section 2 action could proceed under "essential facilities" and "monopoly leveraging" theories. The Commission vote authorizing staff to join in filing the brief was 4-0, with Commissioner Sheila Anthony recused. (FTC File No. P859907, staff contact is John F. Daly, Office of the General Counsel, 202-326-2244.)

The Commission has filed an amicus brief jointly with the U.S. Department of Justice in the case Dee-K Enterprises, Inc. v. Heveafil Sdn. Bhd., No. 02-649 (U.S. S. Ct.). The brief, which is available on the FTC's Web site as a link to this press release, concerns the correct standard for determining whether an international antitrust conspiracy has the requisite impact on U.S. commerce to be actionable by a U.S. plaintiff. The Commission vote authorizing staff to join in filing the brief was 5-0. (FTC File No. P032102, staff contact is John F. Daly, Office of the General Counsel, 202-326-2244.)

Commission approval of proposed divestiture:

Following a public comment period, the Commission has approved a proposed divestiture by ConocoPhillips, Inc. (ConocoPhillips). The company petitioned the Commission for approval of the divestiture pursuant to a final decision and order with the FTC, announced on February 14, 2003, regarding Conoco's merger with Phillips Petroleum Company (Phillips). As detailed in the application, ConocoPhillips requested approval of the proposed divestiture of Phillips' Spokane Assets (as that term is defined in the order) to Holly Corporation. The Commission vote to approve the proposed divestiture was 5-0. (FTC File No. 021-0040, Docket No. C-4058; staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press releases dated August 30 and September 20 and 24, 2002; and January 14, January 21, February 21, and May 2, 2003.)

Commission approval of final consent orders:

Following a public comment period, the Commission has approved the issuance of a final consent order in the matter concerning Pfizer Inc. and Pharmacia Corporation. The Commission vote to approve the final consent order was 5-0. (FTC File No. 021-0192, staff contact is Elizabeth A. Jex, Bureau of Competition, 202-326-3273; see press release dated April 14, 2003.)

Following a public comment period, the Commission has approved the issuance of a final consent order in the matter concerning the Institute of Store Planners and approved a letter to the commenter of record. The Commission vote to approve the final consent order and letter was 5-0. (FTC File No. 021-0144, staff contact is L. Barry Costilo, Bureau of Competition, 202-326-2024; see press release dated April 17, 2003.)

Copies of the documents mentioned in this release are available from the FTC's Web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Call toll-free: 1-877-FTC-HELP.