Schering-Plough Corporation

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IN THE MATTER OF SCHERING-PLOUGH CORPORATION MODIFYING ORDER IN REGARD TO ALLEGED VIOLATION OF SEC. 2 OF THE CLAYTON ACT AND THE FEDERAL TRADE COMMISSION ACT Docket 2986. Decision, Aug. 10. 1979-Modifying Order, Aug. 22, 1980 This order reopens the proceeding and modifies the order issued on August 10, 1979 44 FR 554712, 94 F. C. 307, by adding to Paragraph I of that order language that would permit the company. its subsidiaries, affiiates, divisions, successors and assigns to continue to market Solvcx athlete s foot products, under license from the acquirer of the assets to be divested, until no later than December 31, 1980.

ORDER MODIFYING DECISION AND ORDER ISSUED AUGUST 10, 1979 The Federal Trade Commission having received respondent' request contained in its divestiture application dated June 23, 1980 to reopen this matter and to modify the consent order issued by the Commission on August 10, 1979, to allow respondent' s subsidiary, Scholl, Inc., to continue to market Solvex athlete s foot products, under license from the acquirer of the divested assets, until December 31, 1980, and having placed such request on the public record for a period of thirty (30) days, and no comments thereon having been received, and having considered such request and determined that reopening and modification of the order is warranted:

It is ordered, That the proceeding be, and it hereby is, reopened. It is further ordered, That Paragraph I of the order be, and it hereby is, modified to read as follows:

It is ordered That, subject to the prior approval of the Federal Trade Commission, respondent Schering-Plough, through its offcers, directors, agents, representatives, employees, subsidiaries, affiiates divisions, successors and assigns, shall, within one (1) year from either the date Schering-Plough acquires Scholl or service of this Order, whichever comes later, divest the assets, tangible and intangible, acquired, improved or added by respondent as a result of its acquisition of Scholl and utilized by Scholl primarily for the manufacture, distribution or sale in the United States of Solvex athlete s foot products. Such assets shan include all raw material "'''.l.lC..l .l U..UU.l.l VU.l .l. 194 Modifying Order reserves, inventory, machinery, equipment, trade names, trademarks, patents, licenses, research and development projects, good will and other property of whatever description; provided, however that nothing in this provision shall prohibit or prevent Schering- Plough, its subsidiaries, affiliates, divisions, successors or assigns from continuing to market Solvex athlete s foot products, under license from the acquirer of the assets to be divested, until no later than December 31 , 1980.

Commissioner Bailey did not participate.

.......... .. .. . . Modifying Order 96 F.