Consumer Law LibrarySearchBy decadeBy respondentBy topicBy outcomeDataAbout

Ash Grove Cement Co

Volume 86 · 86 F.T.C. 606

Citation
86 F.T.C. 606
Docket
8785
Decision
1975-09-09
Document type
other
Case type
antitrust
Industry
cement and ready-mixed concrete
Outcome
other
Commission counsel
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
Source
Original volume PDF
Original PDF
This decision as a PDF

merger acquisition

Cite this decision

Ash Grove Cement Co, 86 F.T.C. 606 (1975). Consumer Law Library, https://consumerlawlibrary.org/decisions/v086-0069

Report an error in this record (decision id v086-0069)

Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

Text (OCR of the scan at left; may contain errors)

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.

← 86 F.T.C. 590 · 86 F.T.C. 607 →