October 5, 1992
SUMMARY OF ANTITRUST ENFORCEMENT ACTIONS FOR PUBLIC RELEASE FOR FRIDAY, SEP.
25, 1992 THROUGH FRIDAY, OCT. 2, 1992
9/25/92 | U.S. v. Ollie L. Wood
Criminal No.: CR92-220-01-G (M.D.N.C.)
One-count information was filed in U.S. District Court in
Greensboro, North Carolina, charging Ollie L. Wood,
former division manager and division sales manager for
Flav-O-Rich, Inc., with rigging bids, in violation of
Section 1 of the Sherman Act, submitted to certain school
boards in North Carolina for the award and performance of
contracts to supply dairy products to public schools,
beginning at least as early as 1982 and continuing
thereafter at least through June 1988.
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9/28/92 | Justice Department Will Not Challenge Ingersoll-Rand/
Dresser Proposed Merger Upon Completion of Certain
Divestitures
The Department of Justice, Antitrust Division, announced
that it will not challenge the proposed merger of the
pump operations of Ingersoll-Rand Co. and Dresser
Industries Inc. in light of the parties' agreement to
resolve the Department's competitive concerns.
Ingersoll-Rand and Dresser will sell certain pump lines
and assets to Goulds Pumps, a major manufacturer of pumps
for the chemical, pulp and paper industries. In February
1992, the Department had announced its intent to file a
civil antitrust suit to enjoin the proposed merger
involving Ingersoll-Rand*s pump operation and Dresser
because it was likely to lessen competition substantially
in the manufacture and sale of various types of highly
engineered pumps in the United States. The Department
had concluded that the markets for these pumps was
highly-concentrated and entry into them was difficult and
costly. The assets to be divested include four lines of
Dresser pumps and one line of Ingersoll-Rand pumps. This
divestiture will ensure that competition for the
manufacture of engineered pumps used in petroleum
processing and electric power generation in the United
States continues unabated.
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9/28/92 | U.S. v. Aaostino Antiques. Ltd.
Criminal No.: 92-10280-K (D. Mass.)
One-count information was filed in U.S. District Court in
Boston, Massachusetts, charging Agostino Antiques, Ltd.,
a Delaware corporation with its principal place of
business in New York, New York, with collusive bidding,
in violation of Section 1 of the Sherman Act, for the
purchase of antiques at a public auction that was
conducted by Gustave J. S. White & Co. on September 30
and October 1, 1987 at Harbour Court, Newport, Rhode
Island.
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9/28/92 | U.S. v. Joe Gilmer
Criminal No.: 6:92CR52 (E.D. Tex.)
One-count information was filed in U.S. District Court in
Tyler, Texas, charging Joe Gilmer, general sales manager
and later general manager for Borden, Inc. of Tyler,
Texas, with rigging bids, in violation of Section 1 of
the Sherman Act, for the award and performance of
contracts to supply fluid milk to public school districts
located in east Texas, beginning at least as early as
late 1964 and continuing thereafter until at least June
1990.
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9/28/92 | U.S. v. Charles L. Burgess
Criminal No.: 92-00196-RV <S.D. Ala.)
One-count information was filed in U.S. District Court in
Mobile, Alabama, charging Charles L. Burgess, former
general manager of Barber Dairies, Inc."s Mobile, Alabama
plant, with rigging bids, in violation of Section 1 of
the Sherman Act, for the award and performance of
contracts to supply milk to county school boards within
the Florida Panhandle and south Alabama, beginning at
least as early as the early 1970s and continuing
thereafter at least through July 1988.
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9/28/92 | U.S. v. Barber Dairies. Inc.
Criminal No.: 92-00197-RV (S.D. Ala.)
One-count information was filed in U.S. District Court in
Mobile, Alabama, charging Barber Dairies, Inc., an
Alabama corporation with offices in Pensacola, Florida
and Mobile, Alabama, with rigging bids for the award and
performance of contracts to supply milk to county school
boards within the Florida Panhandle and Mobile County,
Alabama, beginning at least as early as sometime in the
1970s and continuing thereafter at least through July
1988.
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9/28/92 | U.S. v. C. Jack Williamson
Criminal No.: 92-00198-RV (S.D. Ala.)
One-count information was filed in U.S. District Court in
Mobile, Alabama, charging C. Jack Williamson, sales
manager of Dairy Fresh Corporation's Pritchard, Alabama
plant, with rigging bids, in violation of Section 1 of
the Sherman Act, for the award and performance of
contracts to supply milk to county school boards within
the Florida Panhandle and south Alabama, beginning at
least as early as the early 1970s and continuing
thereafter at least through July 1988.
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9/29/92 | U.S. v. Cookson Group PLC, Electrovert LTD., and
Electrovert U.S.A. Corp.
Civil No.: 92-2206 (D.D.C.)
A civil complaint was filed in U.S. District Court in
Washington, D.C., challenging the acquisition of Hollis
Automation Co. by Electrovert U.S.A. Corp. At the same
time, a proposed consent decree was filed which, if
approved by the court, will resolve the suit by requiring
Electrovert to grant North American rights to all of
Hollis* wave soldering technology to two other firms
presently selling wave soldering machines in the United
States. The complaint alleges that the acquisition would
violate Section 7 of the Clayton Act by substantially
lessening competition in United States high performance
and mid-range wave soldering machine markets. Wave
soldering machines are used to attach electronic
components to printed circuit boards.
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9/29/92 | U.S. v. Flav-O-Rich. Inc.
Criminal No. l:92-CR-359 (N.D. Ga.)
Criminal No. CR3-92-188 (E.D. Tenn.)
Criminal No. 3:92-476 (D.S.C.)
Criminal No. CR-92-42 (E.D. Ky.)
Criminal No. 92-00106(L)(C) (S.D. Miss.)
Criminal No. CR-92-242-01-G (M.D.N.C.)
Criminal No. CR92-00023-01-B(M) (W.D. Ky.)
Seven informations were filed in U.S. District Courts in
Atlanta, Georgia; Pikeville, Kentucky; Bowling Green,
Kentucky; Jackson, Mississippi; Greensboro, North
Carolina; Columbia, South Carolina; and Knoxville,
Tennessee, charging Flav-O-Rich, Inc. of Louisville,
Kentucky with rigging bids, in violation of Section 1 of
the Sherman Act, on contracts to supply milk and other
dairy products to public schools in seven separate
conspiracies. Flav-O-Rich has agreed to plead guilty and
pay fines totaling $7 million. Pursuant to a civil
settlement agreement, Flav-O-Rich and Dairymen also will
pay the United States $750,000 to settle the United
States claims for civil damages and penalties against
Flav-O-Rich for antitrust violations in the dairy
products industry.
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9/29/92 | U.S. v. Hyarade Insulators. Inc.
Criminal No.: 92-559 (E.D. Pa.)
One-count information was filed in U.S. District Court in
Philadelphia, Pennsylvania, charging Hygrade Insulators,
Inc. of Phillipsburg, New Jersey, with rigging bids, in
violation of Section 1 of the Sherman Act, for certain
polyurethane foam contracts in Pennsylvania, New York and
New Jersey, beginning at least as early as February 1987
and continuing at least into August 1990. Polyurethane
foam is a material used in roofing projects.
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9/29/92 | U.S. v. Mike Compton
Criminal No.: 3-92CR-407-R (N.D. Tex.)
One-count information was filed in U.S. District Court in
Dallas, Texas, charging Mike Compton, branch manager of
Oak Farms, Inc.'s Wichita Falls, Texas Branch, with
rigging bids, in violation of Section 1 of the Sherman
Act, for the award and performance of contracts to supply
fluid milk to public school districts and certain public
and private hospitals located in north central Texas,
beginning at least as early as late 1985 and continuing
thereafter until at least May of 1991.
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9/29/92 | U.S. v. Minibar America, Inc.
Criminal No.: CR92-465WD (W.D. Wash.)
One-count information was filed in U.S. District Court in
Seattle, Washington, charging Minibar America, Inc., a
Delaware corporation with its principal place of business
in Bethesda, Maryland, with wire fraud (18 U.S.C. 1343)
in connection with a scheme and artifice to defraud a
hotel corporation in Washington State on a contract
governing the purchase or lease of mini-bars.
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9/29/92 | U.S. v. Servisystems America. Inc.
Criminal No.: CR92-466Z (W.D. Wash.)
One-count information was filed in U.S. District Court in
Seattle, Washington, charging Servisystems America, Inc.,
a Delaware corporation with its principal place of
business in Bethesda, Maryland, with mail fraud (18
U.S.C. 1341) in connection with a scheme and artifice to
defraud a hotel corporation in Washington State on a
contract governing the purchase or lease of mini-bars.
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9/29/92 | U.S. v. Daniel W. Turner
Criminal No.: l:92-CR-360 (N.D. Ga.)
One-count information was filed in U.S. District Court in
Atlanta, Georgia, charging Daniel W. Turner, former
general sales manager of Atlanta Dairies Cooperative and
later employed by Land-O-Sun Dairies, Inc., with rigging
bids, in violation of Section 1 of the Sherman Act,
submitted to certain school boards in Georgia for the
award and performance of contracts to supply dairy
products to the public schools in various school
districts there, beginning at least as early as 1985 and
continuing thereafter at least through June 1988.
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9/30/92 | U.S. v. Greater Bridgeport Individual Practice
Association. Inc.
Civil No.: 592CV00575 EBB (D. Conn.)
A civil complaint was filed in U.S. District Court in New
Haven, Connecticut, charging Greater Bridgeport
Individual Practice Association Inc. (GBIPA) with
illegally boycotting a health maintenance organization,
Physicians Health Services of Connecticut, Inc., (PHS) by
agreeing not to contract individually with PHS, in
violation of Section 1 of the Sherman Act. The complaint
alleges that in 1989 and prior to the expiration of
GBIPA's contract, GBIPA and its co-conspirators agreed
not to contract individually with PHS in part, to
increase the fees paid to GBIPA for GBIPA physicians1
services. At the same time, the parties also filed a
proposed consent decree that, if accepted by the court,
will settle the suit, by prohibiting the alleged conduct
and restricting certain other actions of GBIPA that could
facilitate anticompetitive conduct. |
Copies of legal filings are available from the Legal Procedure Unit,
Antitrust Division, Room 3233, Telephone No.: 514-2481.
92-324
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