Legal Library: Cases and Proceedings

Consent order requires Consumer Energy, a CMS subsidiary, to "loan" natural gas from its own system to shippers on third-party pipelines if the interconnection capacity with competing pipelines falls below historical levels settling charges that its acquisition of two natural gas pipelines, Panhandle Eastern Pipeline and Trunkline Pipeline, from Duke Energy Company, could reduce competition and increase consumer prices for natural gas and electricity in 54 counties in Michigan.

The Commission accepted a proposed consent agreement with Quexco Incorporated, a company whose parent entity is Howard M. Meyers. The consent agreement related to the proposed acquisition by Quexco of Pacific Dunlop GNB Corporation, which is owned by Pacific Dunlop Limited. Both companies are involved in the secondary smelting of lead.  The parties subsequently decided to abandon the sale of GNB to Quexco, which eliminated the need for the relief contained in the consent agreement. The Commission voted to withdraw the consent agreement and close the investigation.

Consent order in BP Amoco p.1.c. (created by the merger of British Petroleum Company, p.1.c. and Amoco Corporation) requires the divestiture of 134 gas stations in eight markets and nine Light petroleum products terminals settling charges that the merger would substantially reduce competition in certain wholesale gasoline markets.

Under a settlement with the FTC, ABB agreed to divest the Analytical Division of Elsag Bailey Process Automation N.V. to Siemens Corporation to address FTC concerns that the acquisition of Elsag would substantially reduce competition in the market for process gas chromatographs and process mass spectrometers, analytical instruments used to measure the chemical composition of a gas or liquid used in petrochemical refining, pharmaceutical and chemical manufacturing, and pulp and paper processing.

Order requires divestiture of 10 supermarkets in Maryland and Pennsylvania to settle antitrust concerns stemming from Ahold's acquisition of Giant Food Inc.

Input/Output, Inc. and The Laitram Corporation each paid $225,000 in civil penalties to settle charges that Input/Output merged its operations with Laitram's DigiCOURSE subsidiary before observing the statutory waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. According to the complaint, the parties filed notification under HSR in October 14,1998, but Input/Output began its control over DigiCOURSE on October 10, 1998. The complaint and settlement were filed in U.S. District Court for the District of Columbia by Commission attorneys acting as special attorneys to the U.S. Attorney General