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1
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VERIFIED COMPLAINT
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EXTRACTED KEY WORDS
DTM UNITED STATES COMPETITION SALE MARKET PROTOTYPES PRODUCTION TECHNOLOGY PRICE MANUFACTURERS CLAYTON ACT MATERIALS MACHINING CUSTOMERS ACQUISITION RAPID PURCHASE DISTRICT VIOLATION COMMERCE TEXAS DEFENDANTS COST TRANSACTION METALS INNOVATION FABRICATION ENTRY ENTRANT |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
U.S. Department of Justice
Antitrust Division Civil Action No. 1:01CV01237
1401 H Street, N.W.
Suite 4000 Judge Gladys Kessler
Washington, D.C. 20530,
June 6, 2001
Plaintiff,
v.
3D SYSTEMS CORPORATION
26081 Avenue Hall
Valencia, California 91355
and
DTM CORPORATION,
1611 Headway Circle
Building 2
Austin, Texas 78754,
Defendants.
VERIFIED COMPLAINT
The United States of America, acting under the direction of the Attorney General of
United States, brings this civil antitrust action to obtain equitable relief against Defendants, and
alleges as follows:
1. The United States seeks to enjoin the acquisition by 3D Systems Corporation
("3D") of DTM Corporation ("DTM"). Unless enjoined, 3D's acquisition of DTM will
substantially lessen competition in the development, manufacture and sale of industrial Rapid
Prototyping ("RP") systems in the United States in violation of Section 7 of the Clayton Act, as
amended, 15 U.S.C. § 18.
2. Rapid prototyping is a process by which a machine transforms a computer design
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2
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US COMPLIANCE WITH ANTITRUST PROCEDURES AND PENALTIES ACT
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EXTRACTED KEY WORDS
JUDGEMENT COURT ENTRY ANTITRUST APPA SETTLE STIPULATION COMPLIANCE COMPETITIVE IMPACT STATEMENT FEDERAL REGISTER RESPONSES DTM CORPORATION MEMORANDUM SUMMARIZING PURSUANT PENALTIES ACT CIVIL ANTITRUST COMPLAINT PARTIES IMPACT STATEMENT RELATING NEWSPAPERS PRIOR MEMBERS JUSTICE ANTITRUST DIVISION EXPIRATION WITHDRAW CONSENT PARAGRAPH UNITED STATES REQUESTS |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
Civil No: 1:01CV01237 (GK)
v.
3D SYSTEMS CORPORATION and Filed: August 16, 2001
DTM CORPORATION,
Defendants. Judge: Gladys Kessler
UNITED STATES' EXPLANATION OF
CONSENT DECREE PROCEDURES
The United States submits this memorandum summarizing the procedures regarding the
Court's entry of the proposed Final Judgment. This Judgment would settle this case pursuant to
the Antitrust Procedures and Penalties Act, 15 U.S.C. §§ 16(b)-(h) (the "APPA"), which applies
to civil antitrust cases brought and settled by the United States.
1. On June 6, 2001, the United States filed a Complaint, and today files a
Final Judgment and a Stipulation and Order between the parties by which they have agreed that
the Court may enter the proposed Final Judgment following the United States' compliance with
the APPA.
2. The United States very shortly will file a Competitive Impact Statement
the proposed Judgment [15 U.S.C. § 16(b)].
3. The APPA requires that the United States publish the proposed Final Judgment
the Competitive Impact Statement in the Federal Register and in certain newspapers at least 60
days prior to entry of the proposed Final Judgment. The notice will inform members of the public
that they may submit comments about the proposed Final Judgment to the United States
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3
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STIPULATION AND ORDER
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EXTRACTED KEY WORDS
JUDGEMENT STIPULATION PARTIES UNITED STATES DEFENDANTS ENTRY PROVISIONS PARTY DIVESTITURE AMERICA HERETO DISTRICT MOTION COMPLIANCE WITHDRAWN CONSENT APPEALS COURT RULING DECLINING SIGNING CONSUMMATE TRANSACTION COMPLAINT EQUAL FORCE WRITING PARAGRAPH ENTERED PURSUANT ORDERED CONTINUED COMPLIANCE OBLIGATIONS PREJUDICE |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
Civil No: 1:01CV01237 (GK)
v.
3D SYSTEMS CORPORATION and Filed: August 16, 2001
DTM CORPORATION,
Defendants. Judge: Gladys Kessler
STIPULATION AND ORDER
It is stipulated by and between the undersigned parties, by their respective
follows:
(1) The Court has jurisdiction over the subject matter of this action and, for
of this case only, over each of the parties hereto, and venue of this action is proper in the United
States District Court for the District of Columbia.
(2) The parties stipulate that a Final Judgment in the form hereto attached may be
and entered by the Court, upon the motion of any party or upon the Court's own motion, at any
time after compliance with the requirements of the Antitrust Procedures and Penalties Act (15
U.S.C. § 16), and without further notice to any party or other proceedings, provided that the
United States of America (hereinafter "United States") has not withdrawn its consent, which it
may do at any time before the entry of the proposed Final Judgment by serving notice thereof on
the parties and by filing that notice with the Court.
(3) Defendants shall abide by and comply with the provisions of the proposed Final
Judgment, pending the Judgment's entry by the Court, or until expiration of time for all appeals of
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4
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MOTION FOR ENTRY OF STIPULATION AND ORDER
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EXTRACTED KEY WORDS
STIPULATION ENTRY UNITED STATES DTM CORPORATION JUDGEMENT COURT ANTITRUST PARTIES COMPLAINT REQUIRING DEFENDANTS MOTION ABIDE PROVISIONS JUDGMENT PENDING COMPLIANCE PENALTIES ACT CONSUMMATE TRANSACTION AUTHORIZED PLAINTIFF CONCUR DANDO CELLINI HEREBY CERTIFY FOREGOING MOTION ACCOMPANYING STIPULATION EXPLANATION CONSENT DECREE PROCEDURES HAND DELIVERY |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
Civil No: 1:01CV01237 (GK)
v.
3D SYSTEMS CORPORATION and Filed: August 16, 2001
DTM CORPORATION,
Defendants. Judge: Gladys Kessler
MOTION FOR ENTRY OF
STIPULATION AND ORDER
Plaintiff moves the Court for entry of the Stipulation and Order filed today in this
antitrust merger case. The parties urge the Court to enter this Order on the following grounds:
1. Plaintiff filed a Complaint on June 6, 2001, challenging a proposed
3D Systems Corporation ("3D") of DTM Corporation ("DTM"). Plaintiff has also filed a
proposed Final Judgment that would settle the claims in the Complaint by requiring the divestiture
of certain assets.
2. In the Stipulation and Order, Defendants have agreed to abide by and comply
all terms and provisions of the proposed Final Judgment pending its entry (which cannot occur
until after compliance with the requirements of the Antitrust Procedures and Penalties Act, 15
U.S.C. § 16). 3D and DTM have also agreed not to consummate their transaction before the
entry of the Stipulation and Order.
3. Defendants have authorized Plaintiff to state that they concur in this motion.
Dated: August 16, 2001 Respectfully Submitted,
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5
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FINAL JUDGMENT
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EXTRACTED KEY WORDS
DIVESTITURE JUDGEMENT UNITED STATES ASSETS COURT THREE-DIMENSIONAL OBJECTS STEREOLITHOGRAPHY APPARATUS AMERICA DTM CORPORATION PRODUCTION TRUSTEE PLAINTIFF ACQUIRER TECHNOLOGY PROVISIONS SELECTIVE LASER SINTERING INDUSTRIAL EQUIPMENT SINTERABLE SEMI-CRYSTALLINE POWDER ACCOMPLISH NORTH AMERICA COMPETITION ENHANCED CONTROL THERMAL STEREOLITHOGRAPHY SELECTED TECHNOLOGY SIMULTANEOUS MULTIPLE LAYER DIMENSIONAL OBJECTS RAPID PROTOTYPING ADJUDICATION |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
Civil No: 1:01CV01237 (GK)
v.
3D SYSTEMS CORPORATION and Filed: August 16, 2001
DTM CORPORATION,
Defendants. Judge: Gladys Kessler
FINAL JUDGMENT
WHEREAS, plaintiff, United States of America, filed its Complaint on June 6, 2001,
plaintiff and defendants, 3D Systems Corporation ("3D") and DTM Corporation ("DTM"), by
their respective attorneys, have consented to the entry of this Final Judgment without trial or
adjudication of any issue of fact or law, and without this Final Judgment constituting any evidence
against or admission by any party regarding any issue of fact or law;
AND WHEREAS, defendants agree to be bound by the provisions of this Final Judgment
pending its approval by the Court;
AND WHEREAS, the essence of this Final Judgment is the prompt and certain divestiture
of certain rights or assets by the defendants to assure that competition is not substantially
lessened;
AND WHEREAS, plaintiff requires defendants to make certain divestitures for the
purpose of remedying the loss of competition alleged in the Complaint;
AND WHEREAS, defendants have represented to the United States that the divestitures
required below can and will be made and that defendants will later raise no claim of hardship or
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6
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COMPLAINT
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EXTRACTED KEY WORDS
DTM PRODUCTION SALE MARKET MANUFACTURER COMPETITION PROTOTYPES CLAYTON ACT TECHNOLOGY PURCHASE PRICES MATERIALS SERVICING DISTRICT DEFENDANTS ACQUISITION TRANSACTION AGREEMENT ENTRY ENTRANT COURT AMERICA VALENCIA CALIFORNIA VIOLATION INTERSTATE COMMERCE PURSUANT CONTRACT INTENDS |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
U.S. Department of Justice
Antitrust Division Civil Action No. 01CV01237
1401 H Street, N.W.
Suite 4000
Washington, D.C. 20530, COMPLAINT
Plaintiff,
Judge: Kesler
v.
3D SYSTEMS CORPORATION Date Filed: June 6, 2001
26081 Avenue Hall
Valencia, California 91355
and
DTM CORPORATION,
1611 Headway Circle
Building 2
Austin, Texas 78754,
Defendants.
The United States of America, acting under the direction of the Attorney General of
United States, brings this civil antitrust action to obtain equitable relief against Defendants, and
alleges as follows:
1. The United States seeks to enjoin the acquisition by 3D Systems Corporation
Systems") of DTM Corporation ("DTM"). Unless enjoined, 3D Systems' acquisition of
DTM will substantially lessen competition in the sale of Rapid Prototyping ("RP")
(defined below) in the United States in violation of Section 7 of the Clayton Act, as
amended, 15 U.S.C. § 18.
2. The acquisition would combine the two largest manufacturers of RP systems in the
United States, and would result in the combined company having a domestic market share
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