Announced Actions for February 6, 2004

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Commission approval of amicus brief filing: The Commission has approved the filing of an amicus brief jointly with the U.S. Department of Justice in the matter concerning Hoffmann-LaRoche, Ltd. v. Empagran S.A., No. 03-724 (S. Ct.). At issue in this matter is whether the U.S. Supreme Court should reverse a decision of the D.C. Circuit, which held that the district court had jurisdiction over a private antitrust action based on foreign sales by members of an international cartel, in which the cartel’s activities had effects on U.S. commerce but did not give rise to the plaintiffs’ claims. The joint brief, which is now available as a link to this press release on the Commission’s Web site, argues that both the wording and legislative history of the antitrust laws reveal no intent to open U.S. courts to claims seeking redress for foreign injuries sustained as a result of foreign conduct. The Commission vote approving the filing of the amicus brief was 5-0. (FTC File No. P042106; staff contact is Lawrence DeMille-Wagman, Office of the General Counsel, 202-326-2448; see related press release issued March 25, 2003.)

Withdrawal of petition to reopen and set aside consent order: On February 5, 2004, Sasol North America Inc., formerly named Vista Chemical Company and CONDEA Vista Company, withdrew its petition to reopen and set aside consent order in the matter of Alpha Acquisition Corp., et al. (Docket No. C-3349; see press release dated December 5, 2003.)

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, DC 20580. Call toll-free: 1-877-FTC-HELP.

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