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US v AKTIEBOLAGET VOLVO et al Click to find out why . . .



Keywords & Phrases
CaseNo: UVAVEA145950, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: US, State: DC Washington D.C., UniqueCaseRef: LCD>UVAVEA145950, United States, Lcoe Trucks, Judgement, Truck, Heavy Duty, Mack, Divestiture, Renault, Volvo, Lcoe Truck Business, Competition, Trucks, Complaint, Lcoe Truck, Assets, Truck Business, Vtna, Entry, Acquisition, Vtna Lcoe Truck, Mack Lcoe, Antitrust, Cab, Engines, Production, Trustee, Clayton Act, Purchaser, Competitive Impact Statement, Violations, Complaint Alleges, Provisions, Intellectual Property, Stipulation, Market, Employees, Subsidiaries, Designs, Sublicenses, Manufacturer, Proceeding , ContentID: 120245938

Case Documents
1   US EXPLANATION OF CONSENT DECREE PROCEDURES
[ see first page and extracted highlights below  ] ItemID: 112807
3 pages
PDF
2   HOLD SEPARATE ORDER
[ see first page and extracted highlights below  ] ItemID: 112805
13 pages
PDF
3   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 112804
10 pages
PDF
4   COMPETITIVE IMPACT STATEMENT
[ see first page and extracted highlights below  ] ItemID: 112803
15 pages
PDF
5 2000-12-18 PROPOSED FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 112806
18 pages
PDF
Total Documents: 5 documents , 59 pages
Price: $ 39.95


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1 . US EXPLANATION OF CONSENT DECREE PROCEDURES

EXTRACTED KEY WORDS
JUDGEMENT
COURT
ENTRY
ANTITRUST
APPA
CONSENT
SETTLE
STIPULATION
COMPLIANCE
COMPETITIVE IMPACT
FEDERAL REGISTER
RESPONSES
MEMORANDUM SUMMARIZING
PURSUANT
PENALTIES ACT
CIVIL ANTITRUST
COMPLAINT
SEPARATE STIPULATION
PARTIES
STATEMENT RELATING
NEWSPAPERS
PRIOR
MEMBERS
UNITED STATES DEPARTMENT
JUSTICE
ANTITRUST DIVISION
THEREAFTER
WITHDRAW
UNITED STATES REQUESTS
                                UNITED STATES DISTRICT COURT
                                FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA,                       )
Department of Justice                           )
Antitrust Division                              )
1401 H Street, N.W.                             )
Suite 3000                                      )
Washington, D.C.  20530                         ))
                 Plaintiff,                     ))
                 v.                             ) )
AKTIEBOLAGET VOLVO,                             )      Civil No.:  1:00CV03006
       S-405 08 Goteborg                        )
       Sweden                                   )      Fil
                                                       Filed:  12/18/00
                                                )
VOLVO TRUCKS NORTH AMERICA, INC.,               )
       7900 National Service Road               )
       Greensboro, North Carolina 27409         ))
RENAULT S.A.,                                   )
       13-15 Quai Le Gallo                      )
       Boulogne-Billancourt 92100               )
       France                                   ))
RENAULT V.I. S.A.,                              )
       129 rue Servient                         )
       "La Part-Dieu"                           )
       69003 Lyon, France                       ))
and                                             ))
MACK TRUCKS, INC.                               )
       2100 Mack Boulevard                      )
       Allentown, Pennsylvania 18105            ))
                 Defendants.                    )
__________________________________________)


       UNITED STATES' EXPLANATION OF CONSENT DECREE PROCEDURES



     The United States submits this short 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

SNIPPETS:
  • UNITED STATES' EXPLANATION OF CONSENT DECREE PROCEDURES
  • The United States submits this short memorandum summarizing
  • the procedures regarding the Court's entry of the proposed Final
  • This Judgment would settle this case pursuant to the
  • Antitrust Procedures and Penalties Act,
  • which applies to civil antitrust cases brought and
  • Today, the United States has filed a Complaint, a
  • 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.
  • The United States will file a Competitive Impact
  • Statement relating to the proposed Judgment.
  • the Federal Register and in certain newspapers at least 60 days
  • prior to entry of the Final Judgment.
  • members of the public that they may submit comments about the
  • Final Judgment to the United States Department of Justice,
  • Antitrust Division.
  • Thereafter, the United States will file with the Court
  • the comments and the United States' responses,
  • decided to withdraw its consent to entry of the Judgment,
  • permitted by Section IVof the Stipulation and Order).
  • If the United States requests that the Court enter the

  • 2 . HOLD SEPARATE ORDER

    EXTRACTED KEY WORDS
    TRUCK BUSINESS
    MACK LCOE
    VTNA
    DEFENDANTS
    JUDGEMENT
    STIPULATION
    COURT
    DESIGNS
    ASSETS
    SALES
    RELATING
    SEPARATE STIPULATION
    LICENSES
    PRODUCTION
    UNITED STATES
    COMPETITORS
    DIVESTITURE
    MANAGERS
    EMPLOYEES
    RENAULT
    SUBSIDIARIES
    INTELLECTUAL PROPERTY
    SUBLICENSES
    ENTRY
    VOLVO
    SUCCESSORS
    AGENTS
    CONNECTION
    MARKETING
    
                                    UNITED STATES DISTRICT COURT
                                    FOR THE DISTRICT OF COLUMBIA
    __________________________________________)
    UNITED STATES OF AMERICA,                       )
    Department of Justice                           )
    Antitrust Division                              )
    1401 H Street, N.W.                             )
    Suite 3000                                      )
    Washington, D.C.  20530                         ))
                     Plaintiff,                     ))
                     v.                             ) )
    AKTIEBOLAGET VOLVO,                             )      Civil No.:  1:00CV03006
           S-405 08 Goteborg                        )
           Sweden                                   )      F
                                                           Filed: 12/18/00
                                                    )
    VOLVO TRUCKS NORTH AMERICA, INC.,               )
           7900 National Service Road               )
           Greensboro, North Carolina 27409         ))
    RENAULT S.A.,                                   )
           13-15 Quai Le Gallo                      )
           Boulogne-Billancourt 92100               )
           France                                   ))
    RENAULT V.I. S.A.,                              )
           129 rue Servient                         )
           "La Part-Dieu"                           )
           69003 Lyon, France                       ))
    and                                             ))
    MACK TRUCKS, INC.                               )
           2100 Mack Boulevard                      )
           Allentown, Pennsylvania 18105            ))
                     Defendants.                    )
    __________________________________________)
    
    
    
                            HOLD SEPARATE STIPULATION AND ORDER
    
            It is hereby stipulated and agreed by and between the undersigned parties, subject to
    
    approval and entry by the Court, that:
    
                                                        I.
    
                                                DEFINITIONS
    
                    As used in this Hold Separate Stipulation and Order:
    
            A.      "Purchaser" means the entity to whom defendants divest either the VTNA LCOE
    
    SNIPPETS:
  • As used in this Hold Separate Stipulation and Order:
  • "Purchaser" means the entity to whom defendants divest either the VTNA LCOE
  • Truck Business or the Mack LCOE Truck Business.
  • "AB Volvo" means defendant Aktiebolaget Volvo,
  • managers, agents, and employees.
  • North Carolina, and includes its successors and assigns, and its subsidiaries, divisions,
  • "Renault" means defendant Renault S.A.,
  • all tangible assets that comprise the VTNA LCOE Truck Business,
  • components, parts, and designs used in LCOE Trucks comprising the
  • commitments, certifications, and understandings relating to the VTNA
  • any and all intangible assets used in the development, production, servicing
  • property rights used exclusively in connection with the VTNA LCOE
  • with respect to all other intellectual property rights
  • LCOE Truck Business field of use; all existing licenses and sublicenses
  • for the purpose of assuring the establishment of one or more viable competitors
  • America and to remedy the anticompetitive effects that the United States alleges would
  • The Court has jurisdiction over the subject matter of this action and over each of the
  • COMPLIANCE WITH AND ENTRY OF FINAL JUDGMENT
  • F. Defendants represent that the divestiture ordered in the proposed Final Judgment
  • competitive businesses, with management, research, design, development, promotions, marketing,
  • sales and operations of such assets held entirely separate, distinct and apart from those of

  • 3 . COMPLAINT

    EXTRACTED KEY WORDS
    HEAVY DUTY
    LCOE TRUCKS
    UNITED STATES
    RENAULT
    VOLVO
    PRODUCTION
    MARKET
    MACK
    COMPETITION
    SALE
    DEFENDANTS
    PROPOSED ACQUISITION
    CAB
    ENGINES
    VTNA
    PRICE
    FIRMS
    CLAYTON ACT
    BUSINESS
    MANUFACTURER
    DESIGN
    HHI
    TRANSACTION
    AMERICA
    FRANCE
    ENTRY
    LAWS
    CORPORATE HEADQUARTERS
    RELEVANT GEOGRAPHIC MARKET
    
                                       UNITED STATES DISTRICT COURT
                                       FOR THE DISTRICT OF COLUMBIA
    __________________________________________)
    UNITED STATES OF AMERICA, )
    Department of Justice             )
    Antitrust Division                                               )
    1401 H Street, N.W. )
    Suite 3000 )
    Washington, D.C.  20530 ))
                      Plaintiff, ))
                      v. ) )
    AKTIEBOLAGET VOLVO, ) Civil No.:  100CV03006
             S-405 08 Goteborg )
             Sweden ) Fil
                                                                          Filed:  12/18/00
                                                                     )
    VOLVO TRUCKS NORTH AMERICA, INC., )
             7900 National Service Road )
             Greensboro, North Carolina 27409 ))
    RENAULT S.A., )
             13-15 Quai Le Gallo )
             Boulogne-Billancourt 92100 )
             France ))
    RENAULT V.I. S.A.,                                               )
             129 rue Servient )
             "La Part-Dieu" )
             69003 Lyon, France ))
    and ))
    MACK TRUCKS, INC. )
             2100 Mack Boulevard )
             Allentown, Pennsylvania 18105 ))
                      Defendants. )
    __________________________________________)
    
    
    
                                               COMPLAINT
    
           The United States of America, acting under the direction of the Attorney General of the
    
    United States, brings this civil action to obtain equitable relief against defendants to prevent
    
    Aktiebolaget Volvo's ("AB Volvo") proposed acquisition of Renault V.I. S.A. ("Renault V.I."),
    
    which includes Mack Trucks, Inc. ("Mack"), from Renault S.A. ("Renault"), and alleges as
    
    follows:
    
           1.      AB Volvo and Renault compete vigorously against each other in the development,
    
    SNIPPETS:
  • __________________________________________) UNITED STATES OF AMERICA,)
  • VOLVO TRUCKS NORTH AMERICA, INC.,)
  • RENAULT S.A.,)
  • MACK TRUCKS, INC.)
  • The United States of America, acting under the direction of the Attorney General of the
  • brings this civil action to obtain equitable relief against defendants to prevent
  • production, and sale of heavy duty trucks, configured with a cab over the engine which the
  • "LCOE Trucks" are used in the refuse, concrete pumping, aircraft refueling, and home heating
  • The proposed acquisition will eliminate substantial head-to-head competition
  • between AB Volvo and Renault in the development, production and sale of heavy duty LCOE
  • The proposed transaction will result in AB
  • will substantially lessen competition in the development, production, and sale of heavy duty
  • This Complaint is filed by the United States under Section 15 of the Clayton Act,
  • Sweden that has its corporate headquarters and principal place of business in Gotenburg,
  • AB Volvo is an international manufacturer of trucks, construction equipment, and engines.
  • Volvo, through its subsidiary VTNA, is the second largest United States manufacturer of heavy
  • VTNA is a corporation organized and existing under the laws of the state of
  • Renault is a foreign corporation organized and existing under the laws of France
  • The design of heavy duty LCOE Trucks makes them uniquely suited to specific
  • the low height for entry
  • substitutes in response to a small but significant increase in the price of heavy duty LCOE
  • heavy duty LCOE Trucks is a line of commerce and a relevant product market within the meaning
  • The relevant geographic market for the purposes of analyzing this transaction is
  • The proposed acquisition will raise the combined firms' share of industry sales to
  • "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market

  • 4 . COMPETITIVE IMPACT STATEMENT

    EXTRACTED KEY WORDS
    UNITED STATES
    HEAVY DUTY
    JUDGEMENT
    DEFENDANTS
    COMPETITION
    RENAULT
    ACQUISITION
    COMPLAINT
    MACK
    ENTRY
    VOLVO
    ANTITRUST
    CAB
    ENGINES
    CLAYTON ACT
    COMPETITIVE IMPACT STATEMENT
    VIOLATIONS
    COMPLAINT ALLEGES
    LCOE TRUCK BUSINESS
    PROCEEDING
    VTNA
    DIVESTITURE
    APPA
    STRAIGHT TRUCKS
    PRODUCTION
    TIME PERIOD
    MANUFACTURER
    CIVIL ANTITRUST
    ALLEGING AKTIEBOLAGET
    
                                  UNITED STATES DISTRICT COURT
                                  FOR THE DISTRICT OF COLUMBIA
    __________________________________________)
    UNITED STATES OF AMERICA,                              ))
                   Plaintiff,                              ))
                   v.                                      ) )
    AKTIEBOLAGET VOLVO,                                    )      Civil No.: 1:00CV03006
    VOLVO TRUCKS NORTH AMERICA, INC.,                      )      Fil
                                                                  Filed:  02/07/01
    RENAULT S.A., RENAULT V.I. S.A., and                   )
    MACK TRUCKS, INC.                                      ))
                   Defendants.                             )
    __________________________________________)
    
    
                                  COMPETITIVE IMPACT STATEMENT
    
           The United States, pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act
    
    ("APPA"), 15 U.S.C. § 16(b)-(h), files this Competitive Impact Statement relating to the
    
    proposed Final Judgment submitted for entry in this civil antitrust proceeding.
    
                                                     I.
    
                          NATURE AND PURPOSE OF THIS PROCEEDING
    
           The United States filed a civil antitrust Complaint under Section 15 of the Clayton Act, 15
    
    U.S.C. § 25 on December 18, 2000, alleging Aktiebolaget Volvo's ("AB Volvo") acquisition of
    
    Renault V.I. S.A. ("Renault V.I."), which includes Mack Trucks, Inc. ("Mack"), from Renault
    
    S.A. ("Renault") would substantially lessen competition in violation of Section 7 of the Clayton
    
    Act, as amended, 15 U.S.C. § 18.
    
           The Complaint alleges the defendants are the two largest producers of heavy duty (class
    
    8), low cab over engine straight trucks ("LCOE Trucks") in the United States.  The proposed
    
    
    
    acquisition would result in AB Volvo accounting for approximately 86 percent of heavy duty
    
    LCOE Truck sales in the United States.  The Complaint alleges the transaction will substantially
    
    lessen competition in the development, production, and sale of heavy duty LCOE Trucks sold in
    
    
    SNIPPETS:
  • The United States, pursuant to Section 2of the Antitrust Procedures and Penalties Act
  • proposed Final Judgment submitted for entry in this civil antitrust proceeding.
  • NATURE AND PURPOSE OF THIS PROCEEDING
  • The United States filed a civil antitrust Complaint under Section 15 of the Clayton Act,
  • U.S.C. § 25 on December 18, 2000, alleging Aktiebolaget Volvo's acquisition of
  • Renault V.I. S.A., which includes Mack Trucks, Inc., from Renault
  • S.A. would substantially lessen competition in violation of Section 7 of the Clayton
  • The Complaint alleges the defendants are the two largest producers of heavy duty (class
  • low cab over engine straight trucks ("LCOE Trucks") in the United States.
  • acquisition would result in AB Volvo accounting for approximately 86 percent of heavy duty
  • a judgment that the proposed acquisition would violate Section 7 of the Clayton Act;
  • Inc. LCOE Truck Business (a term defined in the proposed Final
  • The proposed Final Judgment orders the defendants to divest the VTNA LCOE Truck
  • time period for divestiture two additional periods, each not to exceed 30 days.
  • or the Mack LCOE Truck Business.
  • be entered after compliance with the APPA.
  • enforce the provisions of the proposed Final Judgment and to punish violations thereof.
  • subsidiary, VTNA, is the second largest U.S. manufacturer of heavy duty LCOE Trucks.
  • Renault is an international manufacturer of automobiles, trucks, buses, and engines.
  • The Complaint alleges the development, production, and sale of heavy duty LCOE Trucks
  • do so within sixty days of the date of publication of this Competitive Impact Statement in the

  • 5 . PROPOSED FINAL JUDGMENT

    EXTRACTED KEY WORDS
    BUSINESS
    DEFENDANTS
    JUDGEMENT
    UNITED STATES
    MACK
    DIVESTITURE
    LCOE TRUCK BUSINESS
    COURT
    VTNA LCOE TRUCK
    ASSETS
    RENAULT
    TRUSTEE
    VOLVO
    PURCHASER
    COMPLAINT
    ATTORNEYS
    PROVISIONS
    INTELLECTUAL PROPERTY
    PROPOSED DIVESTITURE
    ACCOMPLISH
    VOLVO TRUCKS NORTH
    COMPETITION
    AGREEMENTS
    SUBSIDIARIES
    EMPLOYEES
    MATERIALS
    SUBLICENSES
    DEFENDANTS AKTIEBOLAGET VOLVO
    ADJUDICATION
    
                                    UNITED STATES DISTRICT COURT
                                    FOR THE DISTRICT OF COLUMBIA
    __________________________________________)
    UNITED STATES OF AMERICA,                       )
    Department of Justice                           )
    Antitrust Division                              )
    1401 H Street, N.W.                             )
    Suite 3000                                      )
    Washington, D.C.  20530                         ))
                     Plaintiff,                     ))
                     v.                             ) )
    AKTIEBOLAGET VOLVO,                             )      Civil No.:  1:00CV03006
           S-405 08 Goteborg                        )
           Sweden                                   )      Fil
                                                           Filed:  12/18/00
                                                    )
    VOLVO TRUCKS NORTH AMERICA, INC.,               )
           7900 National Service Road               )
           Greensboro, North Carolina 27409         ))
    RENAULT S.A.,                                   )
           13-15 Quai Le Gallo                      )
           Boulogne-Billancourt 92100               )
           France                                   ))
    RENAULT V.I. S.A.,                              )
           129 rue Servient                         )
           "La Part-Dieu"                           )
           69003 Lyon, France                       ))
    and                                             ))
    MACK TRUCKS, INC.                               )
           2100 Mack Boulevard                      )
           Allentown, Pennsylvania 18105            ))
                     Defendants.                    )
    __________________________________________)
    
    
    
                                           FINAL JUDGMENT
    
           WHEREAS, plaintiff, the United States of America ("United States"), filed its Complaint
    
    on December 18, 2000, and defendants Aktiebolaget Volvo ("AB Volvo"), Volvo Trucks North
    
    America, Inc. ("VTNA"), Renault S.A. ("Renault"), Renault V.I. S.A. ("Renault V.I."), and
    
    Mack Trucks, Inc. ("Mack"), by their respective attorneys, having consented to the entry of this
    
    Final Judgment without trial or adjudication of any issue of fact or law herein, and without this
    
    Final Judgment constituting any evidence against or any admission by any party with respect to
    
    SNIPPETS:
  • WHEREAS, plaintiff, the United States of America, filed its Complaint
  • on December 18, 2000, and defendants Aktiebolaget Volvo, Volvo Trucks North
  • Mack Trucks, Inc., by their respective attorneys, having consented to the entry of this
  • Final Judgment without trial or adjudication of any issue of fact or law herein,
  • defendants have agreed to be bound by the provisions of this Final
  • Judgment pending its approval by the Court;
  • the essence of this Final Judgment is the prompt and certain divestiture
  • of the business and assets identified below to assure that competition is not substantially
  • managers, agents, and employees.
  • North Carolina, and includes its successors and assigns, and its subsidiaries, divisions,
  • F. "LCOE Truck" means a class 8 low cab over engine straight truck with a cab
  • G. "VTNA LCOE Truck Business" means VTNA's line of LCOE Trucks (which
  • all tangible assets that comprise the VTNA LCOE Truck Business,
  • materials, supplies, and other tangible property and all other assets used
  • all contracts, teaming arrangements, agreements, leases,
  • with respect to all other intellectual property rights
  • LCOE Truck Business field of use; all existing licenses and sublicenses
  • Business, that the purchaser agrees to be bound by the provisions of this Final Judgment,
  • proposed divestiture pursuant to Sections IV or VI of this Final Judgment,
  • trustee, whichever is then responsible for effecting the divestiture, shall notify the United
  • authority to accomplish the divestiture at the earliest possible time to a purchaser
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