Great Lakes Carbon Corporation

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IN THE MATTER OF GREAT LAKES CARBON CORPORATION, ET AL.

MODIFYING ORDER IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 8805. Final Order, June 1973-Modifying Order, June, 1985 This order reopens the proceeding and modifies the Commission s order issued on June , 1973 (82 F. G 1529) to provide that the order, which was scheduled to expire in June of 1993, will terminate immediately upon entry of the modifying order. After considering respondent' s petition requesting termination ofthe 1973 order together with other relevant information, the Commission determined that the requested modification would serve the public interest. Changes in the market indicated that the order, which. among other things required the comparijes to restrict their contracts for the purchase and sale of industrial quality petroleum coke to terms of three years, was no longer neccessary and impeded the ability of respondent companies to compete effectively. ORDER REOPENING AND MODII' YING ORDER ISSUED JUNE 5, 1973 By a petition fied on January 3, 1985, respondent Great Lakes Carbon Corporation joined by respondents Standard Oil Company (Indiana), Conoco, Inc., Derby Refining Company, Farmland Industries, Inc., Sun Refining and Marketing Company, Texaco, Inc., and Mobil Oil Corporation (by its separate submission fied on January 7 1985), request that the Commission reopen the proceeding in Docket No. 8805 and modify Paragraph X of the order to provide that the order terminate immediately. Upon consideration of Great Lakes petition and other relevant information, the Commission now finds that the public interest warrants reopening the proceeding and modifying Paragraph X of the order as requested. The record describes an industry in which the respondents' use of long-term sales and purchase contracts by and between the respondents and others for industrial quality petroleum coke would not appear likely to have anticompetitive effects during the next eight years. Changes in the market indicate that the order is no longer necessary and the order has accomplished all it is likely to do. At the same time, the order now appears to be limiting respondents' ability to compete effectively for, among other things, participation in cogeneration and waste heat recovery projects, development of new markets, and export sales. As a result, we conclude that it is in the public interest to set aside this order.

Accordingly, It is ordered That this matter be and it hereby is reopened, and that Modifying Order 105 F. Paragraph X of the Commission s order issued on June 5, 1973, be modified as follows:

This order shall terminate and cease to be effective immediately upon entry of this order reopening and modifying the order issued on June 5, 1973.

KlJHMAN CORP. 347 347 Complaint