Ash Grove Cement Co
Volume 86 · 86 F.T.C. 606
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Ash Grove Cement Co, 86 F.T.C. 606 (1975). Consumer Law Library, https://consumerlawlibrary.org/decisions/v086-0069
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IN THE MATTER OF ASH GROVE CEMENT CO.
Docket 878f). Order, Sept, 197.
Dcnial of respondents' petition for reconsideration of Commission s final order and opinion dated .June 24 , 1975.
Appearances For the Commission: Thomas F. McNerney, Paul N. Kane and Nancy P. RosenjiJd.
or the respondent: David J. McKean and Robert L. Williams McKean, Whitehead Wilson Wash., D.
ORDER DENYING PETITION FOR RECONSIDERATION Respondent Ash Grove Cement Company ("Ash Grove ) has moved pursuant to Section ::55 of the rules of practice, for reconsideration of the Commission s final order and opinion, dated .June 24, 1975. (85 1121) Section 3. 55 provides that a petition for reconsideration u* must be confined to new questions raised by the decision or final order and upon which the petitioner had no opportunity to argue before the Commission."
Respondent claims that the Commission s order raises such a question:
namely, conceding argllendo that Ash Grove s acquisition of Lee s Summit (Ready- Mixed Concrete & Materials Company J and Fordyce l Concrete, Ioc.) vioJaterl the Clayton Act, whether an order of divestiture is appropriate and in the public int.erest in view of substantial evidence in the record which shows that the challenged acquisitions resulted in consumer benefits in the form of lower prices and a vigorous enhancement of price competition in the sale of portland cement and ready-mixed con('rate in the "Kansas City area.
, ( fi07 Order Respondent, however, had an opportunity, which it exercised, to argue before the Commission its claim that the acquisitions benefited consumers and enhanced price competition. See respondent' s brief on appeal at 30-38. The Commission ordered divestiture of Fordyce and Lee s Summit only after a full review of the record, including the extensive briefing and oral argument on appeal, and a consideration of all of respondent's contentions raised therein. It is ordered That respondent's petition for reconsideration be, and it hereby is, denied.