UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
In the Matter of
The Boeing Company, a corporation.
File No. 001-0092
AGREEMENT CONTAINING CONSENT ORDER
The Federal Trade Commission ("Commission"), having initiated an
investigation of the acquisition by The Boeing Company ("Boeing") of certain
assets of General Motors Corporation, and it now appearing that Boeing, hereinafter
sometimes referred to as "Respondent," is willing to enter into this Agreement
Containing Consent Order ("Consent Agreement") to refrain from certain acts and
provide for certain other relief:
IT IS HEREBY AGREED by and between Respondent, by its duly authorized
officers and attorney, and counsel for the Commission that:
- 1. Respondent Boeing is a corporation organized, existing and doing business under and
by virtue of the laws of the State of Delaware, with its office and principal place of
business located at 7755 E. Marginal Way South, Seattle, Washington 98108.
- 2. Respondent admits all the jurisdictional facts set forth in the draft of Complaint
3. Respondent waives:
- a. any further procedural steps;
- b. the requirement that the Commission's Decision and Order, here attached 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.
- 4. Within thirty (30) days of the date this Consent Agreement is signed by Respondent
and every thirty (30) days thereafter until the Decision and Order becomes final,
Respondent shall submit a report, pursuant to Commission Rule 2.33, 16 C.F.R.
§ 2.33, signed by Respondent, setting forth in detail the manner in which Respondent
has complied and will comply with Paragraphs II. through IX. of the Decision and Order.
Such report will not become part of the public record unless and until the accompanying
Consent Agreement and Decision and Order are accepted by the Commission for public
- 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 Complaint contemplated thereby, will be placed on
the public record for a period of thirty (30) days and information in respect thereto
publicly released. The Commission thereafter may either withdraw its acceptance of this
Consent Agreement and so notify Respondent, in which event it will take such action as it
may consider appropriate, or amend its complaint if circumstances so 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 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 Respondent, (1) issue its Complaint corresponding in form and substance with the
draft Complaint here attached and its decision containing the following Decision and Order
in disposition of the proceeding, and (2) make information public with respect thereto.
When final, 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 Respondent by any means specified in
Commission Rule 4.4(a), 16 C.F.R. § 4.14(a), shall constitute service. 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. By signing this Consent Agreement, Respondent represents that it can accomplish the
full relief contemplated by the attached Decision and Order.
- 9. Respondent has read the Complaint and Decision and Order contemplated hereby.
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. Respondent agrees to comply with the terms of the Decision &
Order from the date it signs this Consent Agreement. 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 it becomes final.
Signed this _______ day of ___________, 2000.
|THE BOEING COMPANY
Valerie K. Schurman
Vice-President and Assistant General Counsel
The Boeing Company
Benjamin S. Sharp
Counsel for The Boeing Company
|FEDERAL TRADE COMMISSION
Norman A. Armstrong, Jr.
Rodney B. Choo
Tamara L. Bond
Norman A. Armstrong, Jr.
Molly S. Boast
Senior Deputy Director
Richard G. Parker
Bureau of Competition