Announced Action for June 4, 2002

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Administrative Law Judge D. Michael Chappell has issued an order extending until June 26, 2002, the deadline for filing the initial decision in the matter of Schering-Plough Corporation (Schering), Upsher-Smith Laboratories (Upsher), and American Home Products Corporation (AHP). As detailed in the order, which is available on the FTC's Web site, Rule 3.51(a) of the Commission's Rules of Practice requires that initial decisions be filed within one year of the filing of the complaint and within 90 days after the closing of the hearing record. If the ALJ finds that extraordinary circumstances exist, however, he may extend the deadline by one or more consecutive 60-day periods. On March 14, 2002, Judge Chappell issued an order extending the deadline from April 1 to May 31, 2002. In this order, Judge Chappell determined that "extraordinary circumstances are still present," and he further extended the deadline to June 26, 2002, which is 90 days after the record in the case was closed on March 28, 2002. According to the order, the extraordinary circumstances in this matter include the scope of the litigation, the size of the hearing record, and the amount of post-trial briefing submitted by the parties. (Docket No. 9297; staff contact is Karen G. Bokat, Bureau of Competition, 202-326-2912; see press releases dated April 2, 2001 and April 5, 2002.)

AHP settled the charges against it in this matter earlier this year. (Docket No. 9297; staff contact is David R. Pender, Bureau of Competition, 202-326-2549; see press releases dated February 19 and April 5, 2002.)

Copies of the documents mentioned in this release are available from the FTC's Web site at 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.

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