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1
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
CONSENT AGREEMENT ASSETS COMMISSION COMPLAINT SUPERMERCADOS AMIGO ACCEPTANCE PROCEEDING DRAFT LAW WAL-MART REPORTS FACTS BUSINESS DIVEST CONTEMPLATES COMMISSION RULE PURSUANT PUERTO RICO COUNSEL RELIEF APPENDICES PUBLIC RECORD COMPLIANCE MANNER THEREAFTER SUBSEQUENT JURISDICTIONAL FACTS VIRTUE HEREBY |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
__________________________________________
)
In the Matter of )
)
WAL-MART STORES, INC., )
a corporation; )
) File No. 021 0090
and )
)
SUPERMERCADOS AMIGO, INC., )
a corporation. )
)
__________________________________________)
AGREEMENT CONTAINING CONSENT ORDERS
The Federal Trade Commission ("Commission") having initiated an investigation of the
acquisition of 100% of the outstanding voting securities of Supermercados Amigo ("Amigo") by
Stores, Inc. ("Wal-Mart"), and it now appearing that Wal-Mart and Amigo, hereinafter sometimes
to as "Proposed Respondents," are willing to enter into this Agreement Containing Consent Orders
("Consent Agreement") to divest certain assets and providing for other relief:
IT IS HEREBY AGREED by and between Proposed Respondents, by their duly authorized
officers and attorneys, and counsel for the Commission that:
1. Proposed Respondent Wal-Mart is a corporation organized, existing and doing business under
by virtue of the laws of the State of Delaware, with its office and principal place of
at 702 Southwest 8th Street, Bentonville, Arkansas 72716.
2. Proposed Respondent Amigo is a corporation organized, existing, and doing business under and
by virtue of the laws of the Commonwealth of Puerto Rico, with its office and principal
business located at Mercado Zona Portuaria, Edificio A-1, Puerto Nuevo, San Juan, Puerto
00920.
3. Proposed Respondents admit all the jurisdictional facts set forth in the draft of Complaint
attached.
4. Proposed Respondents waive:
(a) any further procedural steps;
(b) the requirement that the Commission's Order to Maintain Assets and Decision and Order,
both attached hereto and made a part hereof, contain a statement of findings of fact
conclusions of law;
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2
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TEMPORARY RESTRAINING ORDER & ORDER TO SHOW CAUSE
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EXTRACTED KEY WORDS
ISO TARIFF POWER DEFENDANTS COURT SCHEDULING ELECTRICITY RELIANT PROVISIONS GENERATORS ENERGY CALIFORNIA RESTRAINING ORDER MARKET EMERGENCY DISPATCH ORDERS TEMPORARY RESTRAINING COMPLYING SCHEDULING COORDINATORS AES CREDIT AMENDMENT LLC OBLIGATION PRELIMINARY INJUNCTION PURCHASE ENFORCE RESPONSIBILITY GOVERNOR CUSTOMERS |
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
10 ----oo0oo----
11 CALIFORNIA INDEPENDENT
SYSTEM OPERATOR CORPORATION,
12 NO. CIV. S-01-238 FCD/JFM
Plaintiff,
13 v. TEMPORARY RESTRAINING ORDER
14 AND ORDER TO SHOW CAUSE
RELIANT ENERGY SERVICES,
15 INC., et al.,
16 Defendants.
17 ----oo0oo----
18 Plaintiff California Independent System Operator
19 Corporation ( the ISO ) brings this action against defendants
20 Reliant Energy Services, Inc., Reliant Energy Ormand Beach
21 LLC, Reliant Energy Mandalay, LLC, Reliant Energy Etiwanda,
22 LLC, Reliant Energy Coolwater, LLC, Reliant Energy Ellwood,
23 LLC (collectively Reliant ), Williams Energy Marketing &
24 Trading Company ( Williams ), AES Pacerita Inc., AES Alamitos,
25 LLC, AES Huntington Beach, LLC, AES Redondo Beach, LLC
26 (collectively AES ), and Dynegy Power Corporation ( Dynegy ),
27 seeking an injunction requiring defendants to perform their
28 obligations pursuant to the California Independent System
1
1 Operator Corporation Electric Tariff ( ISO Tariff ).1
2 Specifically, the ISO seeks to ensure defendants compliance
3 with the provisions of the ISO Tariff relating to defendants
4 obligation to respond to emergency dispatch orders.
5 This matter is before the court on the ISO s application
6 for a temporary restraining order and order to show cause why
7 a preliminary injunction should not issue requiring defendants
8 to comply with their obligations under the ISO Tariff. See
9 Fed. R. Civ. P. 65; E.D. Cal. Local Rule 65-231. By this
10 order, the court now renders its decision.
11 BACKGROUND
12 California s Electric Power Market
13 The ISO is responsible for controlling and maintaining
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3
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
ASSETS CONSENT AGREEMENT COMMISSION COMPLAINT FAG KUGELFISCHER GEORG KUGELFISCHER GEORG SCHäFER ACCEPTANCE LAW DRAFT COUNSEL BUSINESS GERMANY FACTS COMPLYING CONTEMPLATES EFFECTUATE PROCEEDING DIVESTITURES RELIEF HEREBY PURSUANT REPORTS MANNER COMPLIANCE PUBLIC RECORD VIRTUE JURISDICTIONAL FACTS EXECUTE THEREAFTER |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
In the Matter of
INA-HOLDING SCHAEFFLER KG, File No. 021-0002
a corporation,
and AGREEMENT CONTAINING
CONSENT ORDERS
FAG KUGELFISCHER GEORG SCHÄFER AG,
a corporation.
The Federal Trade Commission ("Commission") having initiated an investigation of the
proposed acquisition of FAG Kugelfischer Georg Schäfer AG ("FAG") by INA-Holding Schaeffler
KG ("INA"), and it now appearing that FAG and INA (collectively, "Proposed Respondents") are
willing to enter into this Agreement Containing Consent Orders ("Consent Agreement") to divest
assets and providing for other relief:
IT IS HEREBY AGREED by and between Proposed Respondents, by their duly authorized
officers and attorneys, and counsel for the Commission that:
1. Proposed Respondent INA is a corporation organized, existing and doing business under and by
virtue of the laws of Germany, with its office and principal place of business located at
Industriestrasse 1-3, D-91072 Herzogenaurach, Germany.
2. Proposed Respondent FAG is a corporation organized, existing and doing business under and by
virtue of the laws of Germany, with its office and principal place of business located at
Schäfer-Straße 30, 97421 Schweinfurt, Germany.
3. Proposed Respondents admit all the jurisdictional facts set forth in the draft of Complaint here
attached.
4. Proposed Respondents waive:
a. any further procedural steps;
b. the requirement that the Commission's Decision and Order ("Decision & Order") and Order
to Maintain Assets, both attached hereto and made a part hereof, contain a statement of
findings of fact and conclusions of law;
c. all rights to seek judicial review or otherwise challenge or contest the validity of the
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4
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US STATUS REPORT
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EXTRACTED KEY WORDS
AMERICAN REQUEST PRODUCTION RESPONSES COURT SCHEDULING DEPOSITIONS PARTIES CID MATERIALS DISPOSITIVE MOTIONS REPORT SUPPLEMENTATION PURSUANT WITNESSES INTERROGATORIES THIRD PARTY DISCOVERY DISCLOSURES PRIVILEGE LOGS SUBMITTING SUBPOENAS SECOND SET ADMISSION PLAINTIFF OBJECTIONS REVISED SCHEDULING ORDER DEADLINE CLARIFICATION BRIEFING |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
)
UNITED STATES OF AMERICA, ))
Plaintiff, )) Civil Action No.: 99-1180-JTM
v. ))
AMR CORPORATION, )
AMERICAN AIRLINES, INC., and )
AMR EAGLE HOLDING )
CORPORATION, ))
Defendants. )
_________________________________)
UNITED STATES' STATUS REPORT
(PURSUANT TO MAY 16, 2000, MINUTE ORDER)
The United States submits this Status Report pursuant to this Court's May 16, 2000, Minute
Order.
I. Progress of Discovery
The United States submits the following information concerning the progress of discovery:
A. Deposition Scheduling
The United States has conducted the depositions of 20 of the 28 American witnesses that it
has so far noticed, as well as the deposition of the only third party witness that the United
noticed. Of the remaining 8 noticed depositions of American witnesses, we have received proposed
dates of availability for 5 of those witnesses. Two depositions of American witnesses scheduled to
UNITED STATES' STATUS REPORT -- 1
go forward on June 16, 2000, are being rescheduled due to flight cancellations that made it
for counsel for the United States to attend on June 16.
Depending upon the results of both the United States' review of documents submitted by
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