Legal Library: Cases and Proceedings

The FTC charged that Fastline Publications, Inc., a Kentucky publisher, and Mid-America Equipment Retailers Association, an Indiana trade association representing farm equipment dealers harmed competition when the publisher entered into agreements with the dealers to ban price advertising for new equipment in an attempt not to disclose those dealers who offered discounted prices.  According to the FTC, the agreements reduced competition among farm equipment dealers and deprived consumers of truthful and nondeceptive price information. The agreement to settle the charges prohibited Fastline and Mid-America from restricting the advertising of prices for farm equipment in the future.

The Commission withdrew a proposed consent agreement that settled allegations that PacifiCorp's proposed acquisition of The Energy Group PLC would lead to increases in wholesale and retail electricity prices in the United States. During the comment period PacificCorp withdrew its bid after the Texas Utilities Company announced a competing tender offer for The Energy Group.

Global Industrial Technologies, Inc. agreed to restructure its proposed acquisition of AP Green Industries, Inc. to resolve FTC allegations that the merger would likely substantially reduce competition by combining the two largest domestic producers of glass-furnace silica refractories in the United States. Under the terms of a settlement, Global divested AP Green’s silica refractories business to a Commission-approved buyer.

The FTC charged that Stone Container Corporation, the world's leading manufacturer of linerboard, violated the antitrust laws by attempting to orchestrate an industry-wide price increase. According to the FTC, in both private conversations and public statements the executives of Stone Container signaled their intention to take mill downtime and reduce industry-wide inventories and their belief that doing so would build support for a price increase. According to the FTC complaint, the actions and statements constituted an invitation by Stone to its competitors to join a coordinated price increase. If accepted, the invitation would result in higher prices, reduced output and consumer injury, the complaint alleges.The FTC alleged that, following a failed attempt to increase the price it charged for linerboard in 1993, Stone Container temporarily shut down production at its own mills and bought up competitors' excess inventory as part of an intentional effort to build industry support for a price increase. The agreement to settle the FTC charges bars Stone Container from urging any competitor to raise or fix the price charged for linerboard.