Atlantic Richfield Company

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

IN THE MATTER OF ATLANTIC RICHFIELD COMPANY Docket 9089. Interlocutory Order, Sept. 9, 1977 Denial of respondent's motion to dismiss complaint on ground that continued prosecution of action is not in the public interest. ORDER DENYING RESPONDENT S MOTION To DISMISS COMPLAINT The administrative law judge has certified to the Commission respondent' s motion to dismiss the complaint on the ground that because of changed circumstances, continued prosecution of this action is not in the public interest.

The Commission adheres to its view that this proceeding is in the public interest. The only changed circumstance cited in respondent' motion is the sale one month prior to consummation of the merger of its ownership interest in the Clay West Project, a producer of uranium oxide, to its joint venture partners. According to respondent, as a result of this sale, Atlantic Richfield and The Anaconda Company no longer competed with one another and complaint counsel wil therefore be unable to prove the merger resulted in the elimination of actual competition. We do not decide the various legal and factual issues raised by respondent's mootness claim. However the claim that the merger eliminated actual competition in the uranium oxide market is one of only three theories advanced in the complaint. Assuming, without deciding, that the actual competition theory has been mooted, we believe further proceedings with respect to the other two theories would stil be warranted. As for respondent' s argument that the two potential competition theories are extremely weak, " we believe that these theories can be assessed only on the basis of a full evidentiary record. Respondent' s motion to dismiss the complaint is accordingly denied.

It is so ordered.

, ( , 175 Interlocutory Order