Legal Library: Cases and Proceedings

Consent order settles charges that the proposed acquisition of Solvay, S.A.'s animal health business would reduce competition in the market for the research, development, manufacture and sale of canine lyme vaccine, canine corona virus vaccine, and feline leukemia vaccine. The order requires divestiture of Solvay's U.S. and Canadian rights to the three types of vaccines to the Schering-Plough Corporation or another Commission-approved buyer.

Consent order preserves competition in ready-to-eat cereals. The order permits the acquisition of Ralcorp Holdings, Inc.'s branded ready-to-eat cereal and snack mix business but requires the transfer of licenses to manufacture and sell cereals identical to the Chex brand products without the approval of General Mills.

Consent order permits Boeing's acquisition of Rockwell International Corporation's Aerospace and Defense business subject to a divestiture and other conditions. There are two teams competing to develop high-altitude endurance unmanned air vehicles for the Department of Defense's Advance Research Projects Agency -- Boeing/Lockheed (developing Tier III Minus, a stealthy, high-altitude endurance unmanned air vehicle) and Rockwell/Teledyne (developing Tier II Plus, a non-stealthy, high-altitude endurance unmanned air vehicle). As a result of the acquisition, Boeing would become a member of both teams and could increase the price of the components it supplies or reduce its investment in technology and quality. The consent order allows Teledyne, if it chooses, to replace Rockwell as its wing supplier without incurring any significant costs or risks to the project. Terms of the consent order require Boeing to deliver the assets necessary to produce the Tier 11Plus wings to businesses designated by Teledyne. The order also establishes a "firewall" between Boeing's Tier III Minus business and the Rockwell North American Aircraft Division that provides Tier II Plus wings.

Consent order preserves competition in the production and sale of certain refractory products and hot surface igniters. The order permits the acquisition of The Carborundum Company but requires divestiture of Carborundum's Monofrax fused cast refractories business in New York, its hot surface igniter business in Puerto Rico, and its silicon carbide refractories business in New Jersey to Commission approved acquirers.

Separate final consent orders settle charges that the acquisitions of Eckerd Corporation and 190 Rite Aid stores in North and South Carolina would give J.C. Penney a dominant position in four metropolitan areas and increase its ability to raise prices for the sale of pharmacy services to third party payers. The orders require the divestitures of 34 Thrifty drug stores and 127 Rite Aid drug stores.

Final order preserves competition in the production and sale of opaque contact lenses. The order permits the acquisition of Pilkington Barnes Hind International, Inc. but requires the divestiture of the opaque contact lens business within four months to a Commission approved acquirer.